UGC Chief given time till Sept. 12 to show cause

‘Contempt of Court’:

August 23, 2012, 10:31 pm , The Island

By Chitra Weerarathne

Chairman of the University Grants Commission Professor Gamini Samaranayaka yesterday filed an affidavit in the Supreme Court stating that he had tried his best to abide by the Supreme Court order of June 25, 2012, to recalculate the Z-Scores of the GCE Advanced Level Examination of August 2011, and to re-issue the new Z-Score as early as possible. Any delay was unintentional and he regretted any unavoidable delay with due apologies to the Supreme Court, he said.

Prof. Samaranayaka filed answer to a show cause order of the Supreme Court asking why he should not be punished for contempt for delaying to release the new Z-scores which were re-calculated, taking the old syllabus and the new syllabus, as two different populations. The affidavit, by the UGC Chief, said that as directed by the President, a committee of experts had been appointed to see how best the Supreme Court order could be followed.

The affidavit stated, "The committee had decided that once the Z-Scores are recalculated, as directed by the Supreme Court, taking the two syllabuses as different entities, the Z-Scores are to be amalgamated and arranged in descending order to give rise to the set of Z-scores of the GCE Advanced Level Examination held in 2011.

"In accordance with the second direction of the Supreme Court, the Z-Score which was to be released to each particular candidate was that which was extracted from such set of Z-scores of the examination. It was recommended further that the set of Z-scores of the examination so determined was the one that had to be used for admission to universities and other institutions of higher education."

Professor Samaranayaka has stated that by letter dated July 13, 2012, he asked the Commissioner General of Examinations to recalculate the Z-Score as ordered by the Supreme Court and to follow the directions laid down by the committee of experts, in doing the recalculation.

On July 22, 20012, the recalculated, Z-Score of candidates were released with the relevant district and island rankings, by the Commissioner General of Examinations.

Professor Samaranayaka has said that he took steps to implement the Supreme Court order, without unnecessary delay.

Professor Samaranayake has said that the media conference, held after the Supreme Court judgement, to re-issue the Z-Score, had been conducted by the Ministry of Higher Education and not by the University Grants Commission. He had said that he did not make any remarks to insult the dignity of the Supreme Court. Some remarks, attributed to him, were inaccurate.

Prof. Samaranayake was given time till September 12, 2012 to show cause as to why he should not be charged for contempt of Court.

Mrs. Gowri Thavarasa, was the instructing Attorney, who filed this answer by Professor Samaranayake in the Supreme Court Registry yesterday.

 

FUTA vows to continue strike

Mammoth rally in Colombo:

August 23, 2012, 10:07 pm , The Island


by Dasun Edirisinghe

Dr. Dewasiri (Pic by Saman Ranaweera)

Thousands of university teachers, undergraduates and trade unionists marched to the Hyde Park yesterday, accusing the government of turning a blind eye on their grievances.

Lecturers representing all universities in the country participated in yesterday’s protest organized by the Federation of University Teachers’ Associations (FUTA).

Three marches commenced from the Viharamahadevi Park, the Gamini Hall Junction and Slave Island and protesters converged at Hyde Park, causing heavy traffic congestion.

The police closed all roads leading to the Ibbanwela Junction and there was a heavy police presence around the  venue of FUTA rally, which ended without incident.

University teachers holding placards with slogans such as ‘Save State Education,’ ‘Allocate 6% of the GDP to education,’ and ‘Give immediate solution to the demands of university teachers’ marched peacefully.

Addressing the rally, FUTA President Dr. Nirmal Ranjith Devasiri said that the university teachers had been on a continuous strike since July 04 demanding that 6% of the GDP be allocated for education, university teachers be given a pay hike and consulted when decisions were made on higher education.

"We will not give up our struggle until our demands are met," the FUTA chief said.

Dr. Devasiri said that the striking dons had held several rounds of discussions with government politicians and top bureaucrats but they had ended inconclusively and the university teachers’ problems remained unsolved. He said closing universities was no solution and the real problem had to be addressed and a solution found urgently in the public interest.

FUTA Vice President Ven. Dambara Amila Thera said that the government was splurging billions of rupees on useless projects such as ports, airports and playgrounds to the neglect of vital sectors like education.

In spite of former President Chandrika Kumaratunga’s failings and blunders like her attempt to set up a joint mechanism to share tsunami relief with the LTTE, she had allocated about 3.4% of GDP for education, Amila Thera said, noting that before 2005, when the incumbent President was installed, a higher percentage of GDP had been set aside for education. He said the effort of the striking dons was to protect free education and deserved the unstinted support of the public. He lashed out at the state media for trying to undermine the FUTA and its trade union action by slinging mud at its President Dr. Dewasiri.

Pointing out that the fund allocation for education during the war had been higher than it was at present, the Thera demanded to know why the government could not increase funds for education in peace time.

Senior trade unionists, Bala Tampoe, General Secretary of the Ceylon Teachers Service Union (CTSU) Mahinda Jayasinghe, President of the Inter University Trade Union Joint Committee R. M. Chandrapala, and Dharmasiri Lankapeli of the Free Media Movement also spoke. JVP MPs Vijitha Herath and Sunil Handunnetti, General Sarath Fonseka’s wife Anoma Fonseka, DNA MP Jayantha Ketagoda attended the rally.

No English, ICT for university entrants this year - SB

August 22, 2012, 10:07 pm , The Island

By Saman Indrajith

Higher Education Minister S. B. Dissanayake yesterday told Parliament that the English and Information Communication Technology courses conducted for university entrants every year, would not be held this year.

However, the leadership training programme, conducted for them in army camps, would be continued, the Minister said, adding that the new batch of students would be enrolled in October this year.

He said that the crisis situation caused by the Z-score problem had resulted in a situation where the English and ICT compulsory courses for the new university entrants could not be conducted. He said that action would be taken to reopen the universities for academic activities soon. The decision to close universities had been taken after a meeting with Vice Chancellors and deans of universities. Powers had been vested in him by the Universities Act to close those universities by issuing a special gazette notification. That gazette notice had been handed over to the Secretary General of Parliament, he said.

The minister was responding to a question raised by Matara District UNP MP Buddhika Pathirana.

Editorial

 

 

A big lie exposed

August 22, 2012, 7:38 pm , The Island

The problem with lying is that there is no end to it. Lies have to be remembered all the time unlike the truth. It was Mark Twain who famously said, "If you tell the truth, you don't have to remember anything." A lie also comes with a short lifespan and has to be replaced with another upon its expiry. The government's claim that the striking university teachers were reporting back for work in compliance with Higher Education Minister S. B. Dissanayake's request to that effect has turned out to be a big lie.

Minister Dissanayake is left with egg on his face. He has had to swallow his pride and admit defeat. Universities have been closed indefinitely save those whose dons have not joined the strike and medical faculties. His statement on the circumstances that led to the current situation has left us none the wiser. He ought to tell the public how he proposes to solve the university crisis instead of venting his spleen on the striking dons at every turn and waiting till the dons get fed up with their trade union action and come back to work.

Several rounds of talks between the Federation of University Teachers' Associations (FUTA) and the government have failed. The government has apparently chosen to play a waiting game and the dons are standing their ground. The on-going tussle has all the trappings of a game of chicken, as we argued the other day, with neither side willing to backtrack. FUTA is all out to transform its trade union battle into a broader public struggle––it has already been dubbed Academic Spring––and the government's response has been to harden its stand and unleash its propaganda hounds on the striking dons scheduled to have a public rally today in Colombo.

The government's argument that FUTA should not get involved in policy matters is untenable. Not only university teachers but also all other stake holders including the ordinary public have a right to agitate for an increase in funds allocated for education. Policy making is too serious a matter to be left entirely to politicians and bureaucrats. This is a country where any nincompoop could enter Parliament with the help of black money and the mandarins in key positions fall over themselves to appease their political masters. Therefore, there is a pressing need for responsible trade unions and concerned citizens to make interventions to shape public policy. They, however, must desist from trying to usurp the powers of legislators and be wary of being manipulated by external forces with hidden political agendas.

It is nothing but a crime to keep universities closed indefinitely. The government and FUTA, at this rate, will take a month of Sundays to resume talks let alone solve the problem. They ought to take serious note of the plight of frustrated students wasting their youth in universities.

What is possible and feasible at this juncture appears to be an interim solution with a timeframe for negotiations so that universities could be re-opened. However, the government must give the strikers a cast-iron guarantee that they will not be taken for a ride again. As Minister Dissanayake remains obdurate and other government negotiators have failed to break the deadlock, a powwow between FUTA and President Mahinda Rajapaksa himself seems to be the only way out. After all, the President has gone on record as saying that he is for a win-win situation in dealing with the dons' strike. With the university crisis getting out of hand, the time has come for him to prove that he is a leader who talks the talk and walks the walk.

Cartoon, The Island

Cartoon, The Island

FUTA on positive govt. response

DailyMirror
After a meeting with Economic Development Minister Basil Rajapaksa on Tuesday the Federation of University Teachers’ Associations (FUTA) said that there was a possibility that the ongoing countrywide university strike would be called off next week.

FUTA President Nirmal Ranjith Dewasiri said that discussions with Minister Rajapaksa had been successful and that both parties had begun developing a framework to implement the proposals made by university teachers unions.

“There has been a great amount of progress and we are in the process of creating an agreement with the government. We have discussed the foundation of our plans and things are looking positive. There is a chance that we would be able to call off the university teachers strike soon,” Dewasiri said.

He said however that it was still too soon to tell if the strike would be called off next week and refused to comment on the details of the discussions saying that it could be detrimental to the positive turn taken during the recent negotiations. (Olindhi Jayasundere)

FUTA trade union action– past and present –III

August 21, 2012, 6:27 pm , The Island


By Nalin de Silva

I read with interest the article by Prof. Jayadeva Uyangoda, a member of the Faculty of Arts Teachers’ Association of the University of Colombo on Education Policy and FUTA’s mandate published on 20th August 2012. I know that he is not referring to me but I must state that I have no objections to the agitation by FUTA for government policy changes regarding higher education or education in general or any other matter in general. My objections to the present demands by FUTA are on other grounds. FUTA is a stakeholder in any matter in general and especially of higher education and education. However, FUTA should realize that when it comes to government policy, increasing the salary of academics also being a government policy, there are other stakeholders as such and whether we like it or not there is only one decision maker. The government of the day, irrespective of whether it is controlled by the officials of the Ministry of Finance/Treasury and/or other such bodies, is the decision maker and nobody else local or foreign. It applies not only to education but to other areas including Tamil racism.

Once the people elect a government until it is defeated by democratic means/revolution the government decides on policy and not any other body, NGO, INGO, trade union, so called civil society or Maranadhara Samithi. They can be agitators, opinion makers and what not as long as they act within the purview of the constitution of the country. The other stakeholders have the right to oppose demands by trade unions and pressure groups whether they are so called educated or not. As indirect tax payers, citizens, electors with our names on the electoral lists are all stakeholders in any issue and it is not the prerogative of well financed bodies, influential people to be opinion makers. If a trade union thinks that as it sees in the public interest it should oppose demands by another trade union it should be free to do so, letting the government decide what it should do. Let the people decide once in five or six years whether the government in power had made the correct decisions. However, having said all that it has to be pointed out that the government cannot sign memoranda of understanding with FUTA on matters connected with education as it is not the only stakeholder in the field of education.

Though some teachers and teacher’s associations in the universities now agitate for what they think is a better deal for education it is unfortunate that they have no advise to be given to the government on the Z score problem which unfortunately is a creation of the academics themselves assisted by anti government school teacher unions, and on the mistakes in the question papers set for the A/L examinations. The latter problem is not something unique to this year though some media attempt to project a picture blaming the examination department as if the problem has arisen for the first time. If one goes through the files one would come across mistakes in question papers during the time Ranil Wickremesinghe was the minister of education, and if a Parliamentary Select Committee were to be appointed to look into the work of the examination department it should be given the mandate to cover the period to date commencing from 1977, the year J. R. Jayewardene came to power.

It is also unfortunate that twenty years ago when I was dismissed from the University of Colombo neither FUTA nor the teachers’ associations at Colombo took any action against the decision by the council of that university. It is ironic at that the time I was dismissed I was the President of FUTA, the President of the Science Teachers’ Association at Colombo and a member of the committee of the University Teachers’ Associations of the University of Colombo. Some of the teachers at Colombo who are now agitating for a better deal for education did not allow me even to present my case to the two teachers’ associations mentioned above. They did not want to listen to me though the Minister and the UGC were listening to me on the demands for a salary increase for the teachers and other benefits. As I have already said I continued to be the President of FUTA though I lost my membership with the two teachers’ associations, thanks to the English Instructors’ Union that elected me as one of their representatives to FUTA. Perhaps, these valiant members of the teachers’ associations who now are now fighting for free education in the country thought then that I was a barrier to free education. Of course at that time there was no Faculty of Arts Teachers’ Association at the University of Colombo and the University Teachers’ Association covered all the Faculties of the University.

I must say that Dr. Nirmal Ranjith Devasiri, the current President of FUTA was an assistant lecturer at that time, and he and a few others wanted to take up my case but they were a powerless insignificant minority who were steamrolled by a combination of Socialists and Liberals. I am sure that Prof. Uyangoda remembers this incident and if he has forgotten it he could consult very senior academics at that time who later became Vice Chancellors and Chancellors at various universities. As a result of the trade union struggle the lecturers got a very substantial salary increase though I was denied of it due to my expulsion from the University of Colombo.

Even twenty years ago there was a discussion on boycotting of setting, moderating question papers and marking answer scripts at the G C E (A/L) Examination. However saner council prevailed and FUTA did not decide to go along with the proposal. A trade union can take a decision to withhold, withdraw the services labour rendered to the relevant institution but not to others or other institutions. It is true that the Department of Examinations usually appoints university lecturers and retired lecturers as controllers in chief, setters, moderators etc. but it has to be emphasized that it is the Department of Examinations that appoints them and not the relevant university. The services rendered to the Department of Examinations do not come under the purview of the letters of appointment of the lecturers issued by the universities and no university teachers’ association has the right to withdraw the services rendered by the lecturers to the Department of Examinations. The lecturers though appointed as examiners of the G. C. E. (A/L) examination by virtue of being lecturers, they do not serve the Department of examinations as lecturers. It is a voluntary service offered by the lecturers in their personal capacity for which they are remunerated and any lecturer has the freedom to refrain from working as an examiner at the G. C. E. (A/L) examination, whereas a lecturer cannot refuse to work as an examiner at an examination conducted by the university after he/she is appointed as an examiner by the senate of the relevant university.

Would FUTA decide to prevent university lecturers being appointed as secretaries of ministries, chairpersons of statutory bodies etc., as a course of action in respect of trade union struggle? It is an infringement of the individual rights of university academics and it is advisable if FUTA restricts its trade union action to university affairs without getting involved in court cases over human rights of members and also of the right of the public to obtain the services of the university lecturers whenever a need arises, of course with the consent of the lecturers concerned. The public as a body obtain the services of the university lecturers through government departments and FUTA should not be a hindrance in respect of this right of the public. The irony is that while FUTA claims that it is fighting for the improvement of free education in the country it debars the university lecturers from working as examiners at the G C E (A/L) examination which is part of free education, but allows the academics to serve private institutions that prepare students for degrees awarded by foreign universities. I am not saying that the teachers’ associations should take action on the latter as well, which they cannot do for the reasons I have mentioned above. The teachers’ associations could say that they are private institutions and not public departments and that their struggle is with the government and not with these private institutions, but the contradiction is illuminating.

(To be continued)

FUTA levels fresh threat to govt.

August 21, 2012, 9:42 pm

by Dasun Edirisinghe

University teachers yesterday warned the education ministry that if it decided to evaluate answer scripts of the GCE (A/L) examination without their involvement, they would not approve the admission of those students to the universities.

Addressing a media conference, at the National Library Auditorium, Vice President of the Federation of University Teachers’ Associations (FUTA) Ven. Dambara Amila thera said that they could do it through their members of the faculty boards, senate and the council of respective universities.

"Admission of students to the universities would be decided by those supreme bodies of the respective universities," he said.

Amila thera said that the measurement to admit students to Sri Lankan universities was the GCE (A/L) examination. But if answer scripts were marked without their involvement it would be substandard.

He said they were on an all out strike demanding the government to allocate 6% of the GDP to education, consult them when taking decisions on higher education and a pay hike.

According to him, they would not participate in answer script evaluation until their demands were met.

Universities closed indefinitely

August 21, 2012, 12:00 pm , The Island

by Dasun Edirisinghe

Higher Education Minister S. B. Dissanayake yesterday decided to close all universities, except medical faculties, until further notice, due to the ongoing strike by university teachers.

However, the universities whose dons have not taken part in the ongoing trade union action will function normally.

Ministry spokesman Mangala Janaka told The Island that the Uva Wellassa, South-Eastern, Buddhist and Pali, Buddasrawaka Bhikkhu universities and the Yakkala Wickramaarchchi Ayurvedha Institute would function as usual.

University teachers launched an all out strike on July 04 demanding that the government allocate 6 per cent of the GDP for education, consult them when taking decision on the higher education sector and they be given a pay hike.

The full statement issued by Minister Dissanayake is as follows:

"The university crisis in this country has been continuing without a practical solution for the last two months, putting the most intelligent student segment of this country in darkness and without any hopes and their parents are badly frustrated. The government strongly believes that this is not a healthy environment for all stakeholders, especially the students and parents.

When we analyze the prevailing situation in the academic crisis, it is very clear to all that there are some invisible parties who want to use this crisis to achieve their petty political motives while they do not seek any positive alternatives to resolve the matter amicably.

Initially, we strongly believed that there were no political motives behind this trade union action and based on that assumption for the last two months, the government put all its efforts into resolving the matter in amicable manner through negotiations and a friendly series of discussions. As a result, we had series of discussions with the Federation of University Teachers’ Association (FUTA) at three levels. Firstly, at the Ministry of Higher Education (MOHE) level, secondly at the Presidential Secretary level with the MOHE, and finally with Hon. Minister Basil Rajapaksa, with the Presidential Secretary on concurrence with the MOHE. We have had around ten discussions and exchanging of letters, drafts of MOU etc. and still FUTA has not agreed to resolve this matter amicably due to some unknown reasons which may be mainly due to political reasons.

What we now strongly believe is that there may be some hidden political agendas and motives behind this trade union action and by using the same few parties are trying to create a political crisis in the country to use it to their advantage by taking the majority of innocent academics against their will for this trade union action. Finally, their aim is to create instability and a political crisis leading to a regime change, we guess.

To prove that, we will explain FUTAs six main demands, which they have put forward before the trade union action.

1. Increase the basic salary of all university academics by 20% immediately.

2. Spend 6% of GDP on education and work to achieve this target during the next few years.

3. Creat a separate service for university academics (SLUAS)

4. De-politicise the universities and protect the academic freedom of the teachers.

5. When introducing changes to the higher education system and changing the managements do it in consultation with the academics.

6. Allow the academic community to actively participate in the economic development process and create a conducive environment.

As a result of series of discussions, the government has already agreed to five demands from No.2 to No.6 in writing. In case of demand No.1, (20% basic salary increase) the government has clearly indicated to FUTA that for the time being it is unable to accept that demand since it may create many discrepancies and anomalies in the national salary structure creating other repercussions. Please note the fact that during the last one year the government has given them total salary increases ranging from from 36 per cent to 83 per cent through various allowances and payments. Therefore, it is impossible to consider the demand No.1 now, but definitely in the future when the right environment occurs. In our discussions, FUTA has clearly accepted the fact that it is not possible for the government to give a further salary increase to them for the time being. Further, the government has proposed to appoint a special Presidential Commission on Higher Education and to establish a Post Graduate University in the near future. The government has clearly already communicated the above facts in writing to the FUTA and still FUTA is dragging this trade union action without any reasonable reason other than political reasons. This is what we now have clearly observed from the outcome during the last two months.

The government strongly believes that it is high time to make the universities normal and run the system smoothly to safeguard the future of students and the parents’ expectations. We would like to focus on the following situation prevailing in the university system today:

1. Trade union action is active in various levels depending on the university, faculty and Institute:

a. There are universities, institutes and faculties not participating in the trade union action at all. Those are:

i. Uva Wellassa university

ii. South-Eastern University

iii. Buddhist and Pali University - Homagama

iv. Buddasrawaka University – Anuradhapura

v. Yakkala Wickramaarchchi Ayurvedha Institute

vi. All the medical faculties, except Ruhuna university medical faculty.

vii. In some universities various percentages of academics are performing their lectures, exams and other workshops and research activities.

The above prevailing situation creates a very confusing state and nobody knows whether the university system is effectively functioning or not.

2. The above complicated situation does not support the smooth functioning of the university system and government thinks that the situation should be rectified as soon as possible.

3. As the Minister of Higher Education, I had a detailed discussion on 20th August, 2012 with all the Vice Chancellors and Directors of universities and the academics that did not participate in the trade union action at present and all of them insisted that the prevailing environment in the university system is not very conducive and we have to take some remedial action immediately.

4. As power given in the University Act No.16, 1978 section 20(4)(a) as the Minister of Higher education, I have decided to close the following universities and institutes until further notice for academic activities effective from 21st August, 2012.

University of Colombo, except the Faculty of Medicine

University of Peradeniya, except the Faculty of Medicine

University of Sri Jayewardenepura, except the Faculty of Medicine

University of Kelaniya, except the Faculty of Medicine

University of Moratuwa

University of Jaffna, except the Faculty of Medicine

University of Ruhuna, except the Faculty of Medicine

Eastern University, Sri Lanka, except the Faculty of Health-Care Sciences

Rajarata University of Sri Lanka, except the Faculty of Medicine and Allied Sciences

Sabaragamuwa University of Sri Lanka

Wayamba University of Sri Lanka

University of Visual and Performing Arts

The Open University of Sri Lanka

Institute of Indigenous Medicine

University of Colombo School of Computing

Swami Vipulananda Institute of Aesthetic Studies

Institute of Human Resource Advancement (IHRA), University of Colombo

Institute of Technology, University of Moratuwa

Sripalee Campus

Trincomalee Campus

Vavuniya Campus

5. At the same time MOHE will notify the resumption date of the above universities and institutes as soon as possible."