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US Election Down to the Wire, Sri Lanka has Turned the Page

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Kamala Harris and Donald Trump

by Rajan Philips

In about ten days, on November 5, the US will have its quadrennial presidential election along with its biennial House and Senate elections. The presidential election is literally down to the wire, and the two candidates, Kamala Harris and Donald Trump, are fighting it out at the margins in the so called seven swing states. At the time of writing, it is a total toss up and there is no certainty about the outcome.

In a presidential election year, the American voters mark their ballots to elect their president for four years, a third of their 100 senators for six years, and all 435 members of the House of Representatives for two years. The elections to the Senate and the House are called the ‘down ballot races’, below the main presidential runoff.

Traditionally, voters used to vote the same way (either Democrat or Republican) up and down the ballot. Not anymore. And the candidates up and down the ballot are also vigorously minding their own races without too much of a co-ordinated effort to sustain a unified campaign.

Trump doesn’t care if the Republican Senate and House candidates are winning or losing. He only cares about his result for he needs to win the election to make sure that he puts an end to all the court cases against him. If he were to lose, he is more than likely to be convicted and jailed over one or more of the many charges against him.

Kamala Harris would normally be concerned with down ballot races to make sure that her party does well enough to gain control of both the Senate and the House for her to be effective and consequential as president. But with all the races being so tight, it has become a case of each one for oneself and money for all.

One ray of optimism is that if Vice President Harris were to win the election and see off Trump, it will also free the Republican legislators from Trump’s stranglehold and make a good number of them amenable to co-operate with their Democrat counterparts for passing critical legislation and authorizing funding for executive initiatives. That is the way, bi-partisan consensus in the middle, the American system has been working for nearly two centuries.

The scary and not at all unlikely scenario is the Republican jackpot – Trump winning the presidency and the Republicans taking control of both the House and the Senate. Trump will get rid of all the cases against him, and he will slash corporate taxes and create a deregulated environment for billionaire businessmen. Many of them led by Elan Musk are openly bankrolling Trump’s election campaign.

With a jackpot victory, the Administration will force Republican legislators to pass enabling laws to implement the loony agenda of ‘Project 2025’, the handbook of action items for Trump’s second term prepared by the Heritage Foundation, a conservative think tank group. The Supreme Court with its super majority of conservative judges is well set up to give judicial cover to whatever the second Trump Administration may want to do.

Turn the Page

In another ten days after the US election, on November 14, Sri Lankans will be voting to elect a new parliament that will have to cohabit the island’s state with its new President – AKD. Cohabitation in presidential parlance refers to the situation in which the executive president and the prime minister in parliament belong to two different political parties. The implication is that a presidential-parliamentary system works best when the president and the prime minister are from the same party. When they are not, cohabitation will ensue with all the risks that it entails. That is the system that is in France that Sri Lanka has copied with expedient changes. The US system is different.

The late JR Jayewardene, the father and the mother of Sri Lanka’s presidential system, had a fondness for envisaging Sri Lanka’s new presidential system and the old parliamentary system evolving into being in a marital relationship. That presupposes the president and the prime minister belonging to same party. But JRJ did not quite pay much attention to the possibility and attendant risks of the two belonging to different parties. He may have tried to forestall this possibility by contriving to keep the UNP permanently in power, but his schemes ran out of steam after 17 years in 1994. And it has been a slow death for the UNP ever since.

President Anura Kumara Dissanayake is not facing the possibility of being a cohabitation president. His NPP is generally expected to win at least a simple majority (113+) in parliament. A two-thirds majority will be a far shot. But the same pundits who described AKD as a ‘minority president’ because he did not get more than fifty percent of the votes or even a majority of the second and third preferential votes, are now worried that the NPP may end up getting a two-thirds majority of over 150 MPs in parliament. Their fears stem from the total disarray among the opposition parties.

Sajith Premadasa who lost his second presidential election in succession to different opponents, just like his bête noire Ranil Wickremesinghe in 1999 and 2005, pompously declared himself as the Prime Ministerial candidate for the parliamentary election. An absurd assertion that only shows how the presidential ethos has corroded the institution of parliament even as presidential powers have subordinated the legislature to the executive.

Mr. Premadasa has since gone quiet because of internal dissension and lack of any external traction. It is the same with every other political party. They are all in disarray. Disarrays that have long been in the making and have now come to pass. The NPP is not the cause but the fortuitous beneficiary of the overall opposition disintegration. Regardless of all the forebodings about an AKD presidency and an NPP government, Sri Lanka is better off having AKD and the NPP in government than any combination of all of the others who were in the last parliament. It is a breath of fresh air as some of have been saying. The challenge is to keep the new regime going the way it has been so far.

It is still too early to make sense of how the results of the parliamentary election will turn out. But based on the September presidential election results and accounting for proportional allocation of seats in the 22 electoral districts including the National List of 29 MPs, the NPP should get around 93 seats in parliament and that would be 20 short of a simple majority.

With the general enthusiasm around the NPP after the presidential election and the opposition disarray, the NPP could conceivably get an additional 20 seats for a simple majority. Getting to 150 seats will need an electoral tsunami. For comparison, in the 2020 parliamentary election, the SLPP polled 59% of the vote and obtained 145 seats. Within four years the SLPP and the Rajapaksas have gone from heroes to virtual zeros. So much for the impermanence of power and the fickleness of parliamentary sweeps.

Turning to the opposition candidates in September, the votes polled by Premadasa and Wickremasinghe respectively correspond to about 75 and 40 seats in parliament. But the vote totals of Premadasa and Wickremesinghe at the presidential election include significant proportions of votes from the Northern, Eastern and Central provinces and they will not accrue to the SJB and (Ranil’s) New Democratic Front in the parliamentary elections. So, the SJB and the NDF will get fewer seats than 75 and 40, respectively.

Overall, the opposition parties should be able to garner over 100 seats in the new parliament. That would be entirely because of the system of proportional representation, and it will not at all be reflective of the political vibes in the country. In a first past the post system, the NPP would win a landslide majority, like the United Front in 1970 and the UNP in 1977. But the people and the country are tired of both parliamentary tyrannies and presidential dictatorship. The NPP is promising something different.

The uncertainty is about voter turnout. In the presidential election, the voter turnout dropped by 5% from 84% in 2019 to 79%. For a second election in as many months, the turnout is likely to be even lower. The turnout was 76% for the 2020 parliamentary election, an 8% drop from the 2019 presidential election. Even though the Covid pandemic was a factor in 2020, it should not be surprising if the turnout for October 14 drops to be in the low 70s%. With the NPP the most organized for mobilizing its turnout, a low voter turnout overall will be disadvantageous to the opposition parties.

There is also election fatigue among the people. Elections of one form or another have been anticipated for nearly two years ever since aragalaya drove Gotabaya Rajapaksa out of power. As interim president, Ranil Wickremesinghe tired everyone by playing games with election timing until he could not do anything about the timing of the presidential election. Ideally, the two elections could and should have been held together. That may have even saved some political bacon for Mr. Wickremesinghe. But he was always too clever by half, but cleverness alone does not win elections.

Vice President Kamala Harris has been pitching her campaign with the slogan to ‘turn the page’ after a decade of Trumpian politics in the US. Whether or not she will succeed remains to be seen. But Sri Lanka has turned the page quite effortlessly, so to speak. The bigger task now is to start writing the next chapter. That should start the day after November 14.



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Features

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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Down Memory Lane — the Grand 20th Edition!

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Down Memory Lane: Ready to sing again

Yes, Down Memory Lane, the beloved Sing-Along concert series that first struck a chord, way back in 1997, returns for its landmark 20th edition this Saturday, 17th October, at the beautiful Bolgoda Grand Resort, Moratuwa town centre.

Having celebrated its glorious 25th anniversary with the show in 2023, this milestone 20th concert promises to be even more special.

The organisers, the ever-popular Moratuwa Arts Forum, are pulling out all the stops to present yet another unforgettable evening, brimming with camaraderie, fellowship, and pure nostalgia.

Get ready for two-and-a-half hours of non-stop singing as veteran vocalists, from the Moratuwa Arts Forum, will take the stage to lead and inspire the happy audience to sing, sing and sing to their hearts’ content.

The repertoire? Absolutely magical, according to the organisers.

Veteran Arun Dias Bandaranaike: Will handle the evening’s proceedings / Priya Peiris: Event Conceptor

Around 40 golden oldies — from timeless English vintage evergreens and hits from the 50s to the 90s, to toe-tapping calypsos, soulful American plantation melodies, rousing cowboy and Dixieland favourites, aa well as cherished Sinhala standards. All to be sung with much gusto!

This year’s dedicated organising committee comprises Brian Coorey (Chairman), Priya Peiris (Event Conceptor), Hiran Fernando, Suranga Fernando, Viranjan Perera, Hemka Fernando and Neelesh Silva. Guidance and support comes from Moratuwa Arts Forum President Sarana Guneratne and Secretary Chandani Silva.

Adding his signature charm to the evening, as Master of Ceremonies, will be the veteran Arun Dias Bandaranaike.

Don’t miss this landmark celebration of music and memories!

For further details, contact Hiran Fernando on 0772636446 or WhatsApp 0783636446.

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