|
|
|
  |
| Sunday, 8 May 2005 |
 |
|
 |
News |  |
| News Business Features Editorial
|
Proposal to abolish Law Entrance Exam : Shortsighted move by Jayantha Sri Nissanka Education provides opportunities for the economically deprived to come up in their lives and gain higher social status. Pursuing legal education greatly help some Government servants to obtain promotions and improve the quality of their lives. A career in Law is one of the few avenues open for both these deprived sections to better themselves. But if the proposals to abolish Law Entrance Exam is implemented in 2008, both these sections will be marginalised adding fuel to the already frustrated sections in society. Education is a fundamental human right emphasised by UNESCO. It has been enshrined in some Constitutions in the world as a fundamental right, though it is not recognised as a fundamental right in the Sri Lankan Constitution. But it is contained in chapter six: Directive Principles of State Policy and Fundamental Duties as "the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all level". Though UNESCO and any other recognised bodies have emphasised the need to ensure education accessible to all, the Incorporated Council of Legal Education (ICLE) of Sri Lanka has decided to limit legal education only to Advanced Level students after 2008. This decision will not only hinder the aspiration of persons who want to follow legal education, not only to practice but for other professional purposes as well and goes against the accepted norms and ethics of "education for all" in the 21st century. Right to education The Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly resolution 217 A (III) of 10 December 1948 in Article 26 emphasises that: 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Fundamental Right UNESCO Director General Koichiro Matsuura said at a talks show on education recently "I have personally committed myself to making it a priority, for education is a fundamental human right, set forth in the Universal Declaration of Human Rights and the International Human Rights Covenants, which have force of international law. To pursue the aim of education for all is therefore an obligation for States." The Right to Education is a fundamental human right. It occupies a central place in Human Rights and is essential and indispensable for the exercise of all other human rights and for development. "As an empowerment right, education is the primary vehicle by which economically and socially marginalised adults and children can lift themselves out of poverty, and obtain the means to participate fully in their communities." None of the civil, political, economic and social rights can be exercised by individuals unless they have received a certain minimum education, the Director General emphasised. Many Lawyers including the President of the Bar Association of Sri Lanka (BASL) condemned the new proposals describing it as an "embargo on education". They said that none of the professional bodies in the world have set higher qualifications or closed avenues of education for people who have desire to pursue higher education. BASL President Desmond Fernando said that he was personally against the decision to abolish the Law Entrance Exam. He said that attention had not been given to many issues. Reasons have also not been given to justify limiting the age. Students in rural areas will be badly affected by this decision. According to the proposed system, only three students have got marks to follow Law this year from Monaragala District. But they have joined the medical faculty. That means there would be no law student from Monaragala this year if this system is introduced. However, Fernando has appointed a committee to study this issue further. The report will be submit at the next BASL meeting on May 28. Additional Solicitor General Srinath Perera condemning the new proposals to do away with the Law Entrance Exam urged that there must be a rational basis for entry. He said that the Law College is not a University. It is a professional body. If we tie it up with the University system, it can create obstacles for many deprived sections in society to pursue higher education. If an A/L student cannot get high marks to enter University that does not mean that he cannot be a professional. We should not close the avenues of education for marginalised students but open it for many. If students who have followed London A/Ls are selected to the Law College from three simple passes it will be unfair on the local A/L students who have selected on the basis of the Z Score system. He emphasised that the present system is better. Need of professionals Former Government Agent,North and East Governor and High Commissioner Lionel Fernando urged that an embargo on education should not be on people who really have a thirst for studies and contribute to the development of the country. He said that he collected so much of knowledge in Administrative, Constitutional, Human Right and Fundamental Rights laws during his 45 years in the civil service. He claimed that a young lawyer of 25 years will a take longer time to mature and gain knowledge. He said that he used his knowledge to provide legal aid to solve the problems of the deprived sections. Sri Lanka needs more and more professionals in other fields to pursue law. Imposing an age limit and other restrictions will affect the profession in time to come, he warned. Former Deputy Director of the Treasury and Chartered Accountant and Lawyer R. M. Gunasekara urged that the right to education should not be restricted. Everyone should have the right to education. Many professionals and others do not follow legal education to practice in courts but they impart legal knowledge in their professions. For instance legal knowledge has greatly helped me in my Accountancy career. According to the new system mostly students from the developed districts will enter the Law College hereafter. They will practice in the main cities once they pass out. They will not go to Ampara or any other rural areas to practice. There will be short of lawyers in these areas in time to come. The present system is good but standard should improve. Formula sans marginalisation Attorney - at - Law Mohan Rupesinghe said that the proposed criteria has some defects but he stressed a new formula should be introduced to select students to the Law College looking at every aspect of the issue without considering only one side. Attorney - at - Law Chamila Jayasuriya also condemning the new proposals and urged that a rational criteria should be introduced to select students without marginalising any section of society, which would create more unnecessary problems for an already battered Sri Lanka with many unwanted social issues. Advanced Level Student, Gayathri Ratnayake of Devi Balika Vidyalaya, Colombo said that it was a stupid set of proposals to restrict education based on A/L results. If a student is unsuccessful in getting to the University, he/she should have other avenues like Law Entrance to become a professional. Youth have rebelled in the past due to many unjust restrictions imposed
against them by elite groups. The authorities should not once again force
the marginalised sections into another upheaval. |
|
| News | Business | Features
| Editorial | Security
| Produced by Lake House |
