September 26, 2011

The Asian Human Rights Commission (AHRC) is forwarding to you an appeal from the Transcurrents about their opposition to a directive issued by the Ministry of Higher Education of Sri Lanka requiring “all state universities should hire the services of Rakna Lanka Ltd for provision of security services”.

In their appeal below, they argue that the directive is “in complete contravention of the norms and conventions by which universities are expected to function”.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

SRI LANKA: An appeal against infringement of university autonomy

22 September 2011, 2:31 pm

The Ministry of Higher Education has issued a directive that all state universities should hire the services of Rakna Lanka Ltd for provision of security services. The undersigned of the University academic community considers that directive to be in complete contravention of the norms and conventions by which universities are expected to function.

The letter issued by the Secretary to the Ministry of Higher Education seeks to bypass standard procedures that are followed in the university system in the hiring and outsourcing of services. That process requires tenders to be called for and for a suitable company to be selected in a transparent and independent manner. The Secretary’s instruction therefore is in violation of established processes and is contrary to the underpinning principles of governance and the autonomy of academic institutions.

Rakna Lanka is held out to be a government owned commercial security venture and has been set up under the Ministry of Defence, under the direct supervision of the Secretary to that Ministry. The website of Rakna Lanka states that only ex-servicemen are hired by the company. The website also provides a list of other state owned departments that have hired the services of Rakna Lanka.

Internationally, privatization of security has been debated on intensely owing to the sensitive nature of what is termed as “security” and how such “security” is maintained. Experiences in other parts of the world suggest that accountability should be increased in the maintenance of security, not decreased. In that light, the directive by the ministry that all security in all state universities should be handed over to one commercial enterprise owned by the state, coming under the supervision of one public officer, becomes problematic. Holding such an entity accountable to the university authorities could, predictably, become difficult.

It is important that universities retain their independence in matters of hiring and recruiting, tailored to suit the individual needs of each university. The authorities should abide by just and fair procedure, engage in dialogue and consultation with the University community, and give due recognition to the positions occupied by University authorities, the Vice Chancellors and others in these matters. It is of the utmost importance that university autonomy is preserved under such circumstances.

We are also concerned about the increasing infringement of university autonomy in matters pertaining to academic programmes and in decision making by the state. We are especially concerned about the role the military establishment is increasingly playing in the administrative and academic spheres of the universities, which are a place of free exchange of ideas, critical thinking, and innovation. We of course have in mind the leadership training programme conducted by the Military to university entrants, which, arbitrarily imposed on all concerned, reduced the authority of the academic community within its own area of purview. This last development of encroachment via hiring procedure by the Ministry of Defence is seen as a further elaboration of this trend of increasing militarization of the universities.

As an academic community we are willing and able to cooperate effectively with the authorities in these and other issues facing university administration and academic quality. We urge the government to respect its obligations toward the academic community and the universities with respect to its written and unwritten contract with the university system.

Signed:

Ranil Abayasekara University of Peradeniya

Harini Amarasooriya Open University of Sri Lanka

Noel Dias University of Colombo

Suresh de Mel University of Peradeniya

Sampath Deegalla University of Peradeniya

Priyan Dias University of Moratuwa

Lesly Ekanayake University of Moratuwa

Primal Fernando University of Peradeniya

Lakshman Galagedara University of Peradeniya

Ranil D. Guneratne University of Colombo

Camena Guneratne Open University of Sri Lanka

Dileni Gunewardena University of Peradeniya

K. R. B. Herath University of Peradeniya

S. R. Herath University of Peradeniya

Rohini Hewamanna University of Colombo

M. I. M. Ishak University of Peradeniya

Janaki Jayawardena, University of Colombo

Barana Jayawardana University of Peradeniya

Romaine Jayewardene University of Colombo

Danesh Karunanayake University of Peradeniya

Parakrama Karunaratne University of Peradeniya

Dulakshi Karunasinghe University of Peradeniya

Gamini Keerawella University of Peradeniya

Manikya Kodithuwakku Open University of Sri Lanka

L. C. Kurukulasuriya University of Peradeniya

Amal Kumarage University of Moratuwa

Shamala Kumar University of Peradeniya

Darshana Liyanage University of Ruhuna

Kumara Mahipala MBP University of Peradeniya

Sanjeeva Maithripala University of Peradeniya

A. L. M. Mauroof University of Peradeniya

R. Meegaskubura University of Peradeniya

A.M. Navaratne Bandara University of Peradeniya

Nilhan Niles University of Moratuwa

Rathnamali Palamakumbura University of Peradeniya

K. P. P. Pathirana University of Peradeniya

Susantha Pathirana University of Peradeniya

Asoka Perera University of Moratuwa

Nimal Ratnayake University of Peradeniya

Rohana Ratnayake Open University of Sri Lanka

Asanga Ratnaweera University of Peradeniya

Dinesha Samararatne University of Colombo

Gameela Samarasinghe University of Colombo

I. M. S. Sathyaprasad University of Peradeniya

Kalinga Tudor Silva University of Peradeniya

M. Sitralega Eastern University

Upul Sonnadara University of Colombo

Sumathy Sivamohan University of Peradeniya

S. Thiruchelvam University of Peradeniya

Ruvan Weerasinghe University of Colombo

Carmen Wickramagamage University of Peradeniya

K.M.S. Wimalasiri University of Peradeniya

B. Dileepa Witharana Open University of Sri Lanka

———

Thank you.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

Asian Human Rights Commission

Unit 701A, Westley Square

48 Hoi Yuen Road

Kwun Tong, KLN

Hong Kong, China

Tel: +(852) 2698 6339

Fax: +(852) 2698 6367