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H IGHER EDUCATION SERVICES 147<br />

workers (Maldives’ TPR 2002). From the perspective<br />

of the industrialists, it is a positive development, but<br />

from a long-term economic and social perspective, it<br />

poses a major threat that needs to be addressed without<br />

affecting industry performance (The World Bank 2006).<br />

In view of the lack of educational opportunities at<br />

higher level and also due to the over dependence on<br />

expatriate labour force it could be suggested that the<br />

Maldives should undertake liberal commitments in the<br />

three education services – higher, adult and other<br />

education services and under all modes. The Maldives<br />

has strong import interest in education services. As in<br />

Bangladesh, in the Maldives also there does not seem<br />

to be any explicit problem with recognition of foreign<br />

degrees. In view of the Maldives having the highest per<br />

capita income in the region, it offers an attractive<br />

market for other South Asian countries. In this regard,<br />

India and Sri Lanka seem to be better placed to provide<br />

education services to the Maldives due to their<br />

geographical proximity and better education facilities.<br />

As India already has some educational institutions in<br />

Nepal and the Manipal University is planning to start<br />

its branch in Sri Lanka, given the demand for higher<br />

education, Indian institutions may like to be present in<br />

the Maldives. Modes 1 and 2 also appear to be important<br />

for supply of education to the Maldives by other<br />

South Asian countries. However, currently the demand<br />

for qualified teachers is very high in the Maldives and<br />

other South Asian countries can fill this gap.<br />

There is a general trend in the Maldives that for<br />

higher education students go abroad particularly to the<br />

Western advanced countries. With the support of other<br />

South Asian countries the Maldives can gain immensely<br />

by having access to relatively cheap education via Mode<br />

2 and by allowing commercial presence its students can<br />

instead study in the country thereby saving a lot of<br />

foreign exchange. Due to predominance of the tourism<br />

sector in the Maldivian economy, its main emphasis is<br />

on tourism related education which could also be<br />

provided by other South Asian countries.<br />

Bhutan<br />

Bhutan, an acceding WTO member country, has<br />

submitted its services offer to the WTO which includes<br />

education services. Bhutan’s proposed commitments in<br />

education services cover higher secondary education<br />

services (CPC 9222) and post secondary technical and<br />

vocational education services (CPC 9231). CPC 9222<br />

has been defined as general school education services<br />

at the second level, second stage. 5 Such education<br />

services consist of general education programmes covering<br />

a wide variety of subjects involving more specialisation<br />

than at the first stage. The programmes aim to<br />

qualify pupils for university entrance of higher technical<br />

or vocational education without any special subject<br />

prerequisite. Similarly, post-secondary technical and<br />

vocational education services have been defined as<br />

services consisting of a great variety of subject-matter<br />

programmes. 6 They emphasise teaching of practical<br />

skills, but also involve substantial theoretical background<br />

instruction.<br />

From the definitions of the two education services<br />

in which Bhutan has proposed to make commitments<br />

it appears that Bhutan has proposed very wise and<br />

practicable commitments as they suit the limited<br />

requirements of the small country. Moreover, at higher<br />

level and particularly for technical education large<br />

Foreign Service providers may not find the Bhutanese<br />

market big enough to invest a large amount of capital.<br />

While in the Market Access column, Modes 1 and<br />

2 have no restrictions, under Mode 3 services can be<br />

provided jointly with local educationists. In addition,<br />

foreign investor equity would be limited to a maximum<br />

of 51% and except for education services funded from<br />

state resources. Mode 4 is unbound except as in the<br />

horizontal section. In the National Treatment column<br />

Modes 1, 2, and 3 are unbound and Mode 4 is unbound<br />

except as in the horizontal section.<br />

In the horizontal section, the restrictions are limited<br />

to Mode 3. In the Market Access column the first<br />

limitation specifies that in order to establish a new<br />

commercial presence in Bhutan, minimum size of<br />

foreign investment would be $0.5 million and foreign<br />

investor’s equity holding limited to 70% and business<br />

must also be incorporated in Bhutan. Further, the investment<br />

shall be governed by sector specific policies and<br />

procedures as established in the sectors included in this<br />

schedule. Mode 3 is unbound for measures regulating<br />

publicly funded services including with respect to<br />

national treatment. In the National Treatment column<br />

also there are some limitations. Foreign investors are<br />

required to foster transfer of technology, introduction<br />

of management skills and provide training and employ<br />

Bhutanese national at all levels in the enterprise. Finally,<br />

the shares held by foreign nationals and juridical<br />

5<br />

United Nations Statistics Division, Department of Economic and Social Affairs, the United Nations, http://unstats.un.org/<br />

unsd/cr/registry/regcs.asp?Cl=16&Lg=1&Co=92220, last visited on 12 November 2007.<br />

6<br />

Education Services: Background Note by the Secretariat, WTO, S/C/W/49, 23 September 1998.

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