Need for 21st Amendment to the Constitution

Of our universities only Colombo University reached a rank below 300 among Asian universities. All other universities are placed beyond 4,000 in world university rankings and some are beyond 10,000; confirming the poor quality of our university education

After a long struggle with the fellow law-makers, new President Maithripala Sirisena succeeded in introducing the much-discussed 19th Amendment to the Constitution and is expecting to have the 20th Amendment enacted too. 

Meanwhile, some former ministers and leaders of small parties who were in commanding positions in the last Government warn of a possible resurrection of LTTE and attempts for a separate Tamil state in the north and the east. 

In neighbouring Tamil Nadu, Jayalalitha, who has been discharged from prison and is expected to become the Chief Minister, could encourage a Tamil Eelam in northern Sri Lanka. In addition, the promises made to the Indian Prime Minister by the former Sri Lankan President on 13+ are being watched by interested parties. 

 

Economic problems of the country

The four-month-old Government is facing difficulties in day-to-day survival, the prime being the payment of salaries to 1.5 million Government servants and near 0.5 million corporation employees who were given a Rs. 5,000 salary increase. Honouring the payment of the balance Rs. 5,000 as promised is beyond imagination and it is no wonder the Government wishes to dissolve the Parliament for an immediate election.

The current staff of near two million was the result of absorbing over 50,000 graduates a year who were unacceptable anywhere else. Meanwhile, universities continue to churn out more of the same quality. 

Of our universities only Colombo University reached a rank below 300 among Asian universities. All other universities are placed above 4,000 in world university rankings and some are above 10,000; confirming the poor quality of our university education. 

Our students have a high level of intelligence, but the poor school curriculum and the university teachers who failed to modify the course material with the advancing world have created the mess. Almost all lecturers in universities are our own products and the quality decline continues.

The deterioration in quality of education is the direct result of the change of medium of instruction from English to Sinhala and Tamil in the late 1950s. Although our politicians noticed the decline, the only correction attempted was the introduction of English as a link language in the Constitution. 

Today, some lecturers who lecture in English medium even in Medical, Engineering and Science faculties cannot speak proper English outside the subject. Junior lecturers who are expected correct the student’s coursework escape by claiming the correction of English is not a part of their responsibility and cover their own ignorance. 

School children are forced to learn by the book and the skill development is ignored. Now IT is being taught in schools and over 30% of households have computers. But without familiarity in English, can our youngsters make use of the knowledge revolution available over the internet? 

Most play games, use Facebook, chat and gossip, and rarely use computers in search of knowledge – no wonder Sri Lanka has emerged as the world’s leading country for searching for “sex” on the internet.

 

Introducing English in schools

The majority of parents understand the value of English, only some enrol their children into so-called international schools due to financial constraints. The previous Government allowed some English medium classes in schools; expansion is prevented by the scarcity of qualified teachers and the reluctance of other teachers to learn English.

The conversion of medium of instruction into English will require school principals and the staffs in the Education Department to learn the language themselves. 

The S.W.R.D. Bandaranaike Government’s decision to convert the medium of instruction into local languages faced heavy opposition from the teachers; some retired and others left the country. But in a few years, every school converted itself into Sinhala or Tamil. The reverse could be achieved within three years if politicians agree to the transformation. 

There would be objections and threats and conditions would be raised. But when the implementation continues, the quality of English in teachers as well as the education standards would show a marked improvement, resulting in reduced demand for international schools.

 

Constitution

However, the biggest obstacle in the implementation would be our present Constitution. Indicated below are the relevant sections of the Constitution.

Official Language

18. (1) The Official Language of Sri Lanka shall be Sinhala.

  (2) Tamil shall also be an official language.

  (3) English shall be the link language.

National Languages

19. The National Languages of Sri Lanka shall be Sinhala and Tamil.

21. (1) A person shall be entitled to be educated through the medium of either of the National Languages: Provided that the provisions of this paragraph shall not apply to an institution of higher education where the medium of instruction is a language other than a National Language.

(2) Where one National Language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other National Language shall also be made a medium of instruction for or in such course, department or faculty for students who prior to their admission to such University, were educated through the medium of such other National Language: Provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other National Language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such University or of any other like University.

(3) In this Article “University” includes any institution of higher education.

The above indicate that it was presumed in the Constitution that the school education would be in either Sinhala or Tamil, but higher education would be in English medium. Higher education in a local language would be exceptional, with a similar course being offered in the other language as well. 

Obstructions to introducing English language education in government schools could be removed by a simple amendment to the Constitution, deleting articles 21(1), (2) and (3).

 

Normalisation after 30-year war

Questions are being asked of the rationale of stationing a large contingent of armed forces in the Jaffna Peninsula after the defeat of LTTE and the new Government has returned some lands occupied by the security forces to the former owners. The return of lands and the withdrawal of forces are being interpreted by some politicians as making way for a possible Eelam, advocated by the Tamil diaspora and supported by the politicians in Tamil Nadu.

Tamil Nadu has a population of over 70 million who are mostly Tamil, whereas in Sri Lanka’s population of 20 million, only 11.2% is Tamil. Land area-wise, Tamil Nadu with 130,000 sq.km is twice the size of Sri Lanka’s 66,000 sq.km and the predominant Tamil occupied area is only a small portion. Tamil Nadu is bounded three sides by the sea and could easily be a separate country. But the question rarely asked is, “Why don’t the Tamils fight for a separate state and an Eelam in Tamil Nadu?”

The possible answer is the Indian Constitution and legislation, which has practically prevented anyone individually or as an organisation demanding separatism. I do not claim to be an expert on constitutional affairs, but I wish to place below some references from Wikipedia and extracts from an Act passed by Indian legislation for public information and possible discussion.

According to the Constitution of India, Part XI, Article 248(aa):

Residuary powers of legislation.—Parliament has exclusive power to make any law with respect to— (aa) [prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution;

Under the above provision of the constitution, the Indian government passed The Unlawful Activities (Prevention) Act, 1967 which states that

In this Act, unless the context otherwise requires,-

(f) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),-

(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession;

(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India;

The Unlawful Activities (Prevention) Act, 1967

2. Definitions.

(i) “secession of a part of the territory of India from the Union” includes the assertion of any claim to determine whether such part will remain a part of the territory of India ; (o) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),— (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or (iii) which causes or is intended to cause disaffection against India ; - end of references.

The proposed Constitution Amendment 21, wish to include a section, similar to the Act in the Indian Constitution be included into ours, and a bill in the Parliament similar to Indian “The Unlawful Activities (Prevention) Act” to prevent the encouragement and possibility of a section of the country from breaking-away. Amending our Constitution similar to India’s cannot be opposed by India or any other country. 

 

Better relations between communities

Of the two proposed amendments, introduction of English as the medium of instruction in Government schools would affect the Sinhalese people most. It is common knowledge that the Tamil community always gave prominence for learning English. 

The proposal would be opposed by some sectors of the society, especially the teachers engaged in tuition and the teachers and Government servants who would be forced to learn English. The Buddhist clergy too would oppose, as they would fear English educated public would distance themselves from the temples.

The Unlawful Activities (Prevention) Act as in India in a suitably modified form would end moves to advocate separatism in Sri Lanka by LTTE diaspora and the Tamils from Tamil Nadu. The Act would not be opposed by peace-loving people of the north. 

 

English medium education

The introduction of English medium education from Grade 5, with revised curriculum geared to develop skills among children, would produce high quality school leavers. In universities lecturers should be pressurised to upgrading course contents and to introduce new courses of study, producing world class graduates meeting tomorrow’s employment requirements, which will relieve the pressure on the Government to employ graduates. The above measures would improve university rankings as well.

 

Recent developments

Jayalalitha released from the Indian prison was greeted by some of our politicians with congratulatory messages and some hoped she would facilitate Tamils to earn their demands. The relaxed attitude by the present Government enabled the Tamil community in the north and east to commemorate the lost loved ones. Yet others used the opportunity to bring out past memories of LTTE. 

While the people should have the freedom to remember their lost family members, the opportunity is being misused by others to advocate the revival of the LTTE. Meanwhile, some others are making an issue of the settlement of war-displaced Muslims outside Wilpattu reserve, nurturing ethnic issues. 

 

The introduction of the amendment

The Maithripala Sirisena Government has so far achieved the almost-impossible task of having passed the 19th Amendment and would succeed with 20A too. The Government’s freedom of expression to masses has led to continuous public protests, which would hamper economic development of the country. 

The same freedom is being misused for the promotion of the resurrection of LTTE, helped by the diaspora and expecting help from Jayalalitha. Therefore the enaction of the Constitutional amendments detailed above would be extremely essential prior to dissolution of Parliament.

The proposed Constitutional amendment would be in two parts. A. Introduction of English into education system will not involve heavy drafting; it will require only the deletion of Articles 21(1), (2) and (3) of the current Constitution. 

B. The second would be an amendment to the Constitution giving the Parliament exclusive powers to make any laws to prevent activities detrimental to the country which would be a modification of the Indian Amendment to suit local conditions. 

Also introduce the ‘The Unlawful Activities (Prevention) Act’. The Act only needs acceptance by the Parliament by a simple majority and would be similar to the Act passed by the Indian Parliament modified to local conditions. 

When Sri Lanka received independence, the country enjoyed a country-wide education system and our universities were on par with the best of British counterparts. Our graduates were accepted highly world-over and our civil servants were among the best. Having discarded English for 60 years, we have reached the opposite end. It was the removal of English that caused the two insurgencies in 1971 and 1988 and the 30-year war.

Our short-sighted education system, which no Government had the backbone to amend, produced unemployable graduates who were absorbed by the Government. If the country had continued English-based education, Sri Lanka would be on par with other developed countries in Asia as Singapore and Malaysia.

The contents of the amendments do not involve heavily disputed issues; one would affect the Sinhalese people and the other the Tamils, balancing the sacrifices. The current Parliament is in the mood for passing amendments to the Constitution and would not require heavy canvassing. 

With the ending of the fear of separatism, the south would be more amicable to allow enhanced self-rule to provinces and would improve trust between communities. The enactment of the two sectioned Amendment to the Constitution would pave the way to a peaceful and prosperous nation.

(The writer is a Chartered Civil Engineer graduated from Peradeniya University and has been employed in Sri Lanka and abroad. He was General Manager of State Engineering Corporation of Sri Lanka. He can be contacted on [email protected].)