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Colombo, May 15: Human rights scholars have asked the government of Sri Lanka to immediately give up plans to set up a Truth Commission as a mechanism to address issues of relating to the ethnic conflict and reconciliation. The following is the test of the statement:
We, the undersigned transitional justice and human rights scholars from across the world wish to express our serious concern on the current efforts by the Sri Lankan government to establish a Commission for Truth, Unity and Reconciliation (CTUR).
We issue this statement in response to a number of interventions made by victim groups and civil society organisations from the war affected north and east in Sri Lanka expressing their objection to the proposed CTUR. Most recently these objections were recapitulated in a letter dated 7 March 2024 signed by several organisations and individuals to the Director General of the Interim Secretariat of the proposed CTUR. These objections are premised on a lack of faith in ‘independent’ commissions, many of which have failed and have a dismal record on delivering justice, as well as the track record of the current political leadership which is found wanting in meeting its commitments under international human rights laws and norms, including on transitional justice. Other reasons for victims’ lack of faith in this commission include: the failure of the Office of Missing Persons and Office of Reparations established as part of Sri Lanka’s commitment under the United Nations Human Rights Council resolution (30/1), both which appear to be now operationally defunct; the repeated denial of state violations; and the refusal to seriously consider recommendations contained in the 2017 report of the Consultation Task Force (CTF).
The right of individuals to know the truth about past abuses has been affirmed by UN treaty bodies, UN special procedures, regional courts, and international and domestic tribunals. A truth-seeking process in postwar and past authoritarian contexts can contribute towards establishing the extent and the patterns of past violations, as well as their causes and consequences. In so doing, it can help reconcile deeply divided communities and help bring closure to victim-survivors. However, our research strongly affirms that such processes must be context specific, inclusive and empowering of victims, and lead to justice and accountability. Importantly, a country must be ready for a truth-seeking process.
First, a government seeking to establish such a commission must demonstrate political will to pursue a serious inquiry into past abuses. This government has had ample opportunity to demonstrate its political will through the Office on Missing Persons, while building trust and confidence amongst the victim community by recognising their right of assembly and protest and engaging in meaningful consultations, yet, it has failed to do so. Moreover, civil society and victim-survivor groups have raised concerns in their public statements that the establishment of a TRC is a tick-box exercise by the government to feign commitment towards transitional justice and remove Sri Lanka from the UN Human Rights Council agenda. It is due to the failure of GoSL to meet its commitments made to the UNHCR in 2016 that in 2021 the Council passed a resolution effectively shifting the collection and maintenance of evidence to the UN Office of the High Commission for Human Rights.
Second, the broader context must be conducive to a truth-seeking process. Unfortunately the CTUR bill is being proposed while the current government has credibly been accused of: continuing human rights violation;, surveillance and suppression of rights activists and protesters, including family members of the disappeared; enactment of legislative measures oppressive of civil and political rights; and failure to take significant steps to guarantee economic and social rights following the 2021 economic crisis.
Third, victims and witnesses must have trust and faith in the proposed process and be willing to cooperate with it. The fact that victims of the crimes that the transitional justice seeks to redress are vehemently opposed to the formation of the proposed CTUR is a reason to not proceed with its establishment. It is now axiomatic that transitional justice mechanisms must be context specific and designed, developed and implemented through effective victim inclusion. International law requires that affected communities are not only included in the conduct of transitional justice processes but in the design of such mechanisms. Marginalising or excluding victims from the design of mechanisms can result in the denial of truth, justice, accountability and repair, which are the core aims of transitional justice, and in addition retraumatise, abuse, and undermine victims and cause grave injustice.
We thereby call on the GoSL to refrain from proceeding with this legislation. In solidarity with victim-survivors and civil society organisations we urge the GoSL to study and heed the demands made by organisations and victim-survivor groups. In particular, we urge the government to seriously consider victim-survivors’ repeated demand for international participation in any domestic truth and reconciliation commission and the widespread belief that truth or justice cannot be achieved through a purely domestic mechanism.
We additionally urge the government to seek ways to work with the UNHRC’s fact finding process to ensure truth and justice for war-related atrocities in Sri Lanka. We call on foreign governments, including those which have experience working on transitional justice, to refrain from supporting the GoSL on the establishment of CTUR in light of opposition from victim-survivors.
Dr. Sharika Thiranagama, Associate Professor, Stanford University, USA
Prof. Mohammad Shahabuddin, Chair in International Law and Human Rights, Birmingham Law School, UK
Professor Vasuki Nesiah, Professor of Practice, Human Rights and International Law, The Gallatin School, NYU, USA
Dr. Farah Mihlar, Senior Lecturer in Human Rights, Oxford Brookes University, UK
Prof. Kiran Grewal, Goldsmiths, University of London, UK
Dr Oliver Walton, Senior Lecturer in International Development, University of Bath, UK
Prof. Kristine Höglund, Department of Peace and Conflict Research, Uppsala University
Dr. Gabriele Dietrich, Feminist Scholar, Madurai, India.
Dr. Rohini Hensman, Writer and independent scholar, India.
Dr. Amrita Chhachhi, Associate Professor (retd.) and Visiting Scholar, International Institute of Social Studies, The Hague.
Dr Gurmeet Kaur, Feminist Scholar, Chandigarh, India.
Dr. Sujata Patel, Professor, (retd.), University of Hyderabad, India
Dr. Shewli Kumar, Tata Institute of Social Sciences
Dr. A Mani, Woman Scientist, Indian Statistical Institute, Kolkata.
Prof. Richa Nagar, Dept. of Gender, Women, and Sexuality Studies, University of Minnesota, USA
Rita Manchanda, Gender Peace and Security in South Asia, Consultant and Researcher.
Kalyani Menon Sen, Researcher, Coimbatore.
Dr. Kamala Visweswaran, Professor of Anthropology, Rice University.
Prof. Rupal Oza, Hunter College and the CUNY Graduate Center.
Dr. Svati P. Shah, Associate Professor, University of Massachusetts, Amherst.
A. Mangai, Asso. Prof., Dept of English ( Retd.), Stella Maris College, & Theatre practitioner, Marappachi.
Dr. Swati Birla, SUNY-New Paltz.
Dr Nisha Biswas, Scientist.
Esther Moraes, Graduate Student, University of Massachusetts, Amherst.
Shalmali Guttal, Researcher, Goa, India.
Dr Sagari R Ramdas, Food Sovereignty Alliance, India.
D.W.Karuna, Assistant Professor of History, Azim Premji University, India.
Vanita N Mukherjee, Independent Researcher, India.
Lotika Singha, Writer, United Kingdom.
Meera Sanghamitra, National Alliance of People’s Movements (NAPM) & All India Feminist Alliance (ALIFA)
Suneeta Dhar, Activist, New Delhi.
Dr. Uma Chakravarti, Retired Prof. University of Delhi, Feminist historian, activist and filmmaker.
Sujata Gothoskar, Activist, Forum Against Oppression of Women, Mumbai.
Dr. Uma Bhrugubanda, Faculty, EFL University, Hyderabad, India.
Shubha Chacko, Activist, Bangalore.
Ridhima Mehra, feminist, Delhi.
Sadhna Arya, Retired Professor, Delhi University.
Dr Shipra Nigam, Visiting Fellow, Institute of Human Development, New Delhi.
Dr Sankalpa Satapathy, Assistant Professor, Institute of Public Health Kalyani, West Bengal.
Alaka Basu, Cornell University.
Dr. Mary John, Former Director, Centre for Women’s Development Studies, Former Associate Professor, JNU.
Aruni Jayakody, Graduate Student, The Fletcher School of Law and Diplomacy, Tufts University
Ammu Abraham, Forum against oppression of women, India
Dr. A.Suneetha, Independent Researcher, Hyderabad.
Prof. Arjuna Parakrama, Emeritus Professor, University of Peradeniya
Prof. Jennifer M. Green, Director, Human Rights Litigation and Advocacy Clinic, University of Minnesota Law School
Prof. Thiru Kandiah, formerly, University of Peradeniya
Dr. Bart Klem, Associate Professor, Gothenburg University, Sweden.
Prof. Jonathan Goodhand, Conflict and Development Studies, SOAS
Prof. Paul Gready, Centre for Applied Human RIghts, University of York (UK)
Dr Anupama Ranawana, Christian Aid/ University of St Andrews
Dr Jayanthi Lingham, Research Associate, University of Sheffield, UK
Prof. Luke Moffett, School of Law, Queen’s University Belfast, UK.
Dr. Lia Kent, Associate Professor, Australian National University
Dr. Nikhil Narayan, Lecturer in Law, School of Law, Queen’s University Belfast, UK
Prof. Laura Huttunen, Tampere University, Finland
Dr Rebekka Friedman, Associate Professor, King’s College London, UK
Dr. Jamie J. Hagen, Lecturer in International Relations, Queen’s University Belfast
Dr. Caroline Bennett, School of Global Studies, University of Sussex
Dr Rachel Hughes, University of Melbourne, Australia
Dr. Ram Kumar Bhandari, Visiting Scholar, KU Leuven, Belgium, Research Fellow, Kathmandu University, Nepal.
Dr Carmen Hassoun Abou Jaoude, Lecturer in transitional justice, Saint-Joseph University of Beirut.
Dr Elizabeth Craig, Sussex Centre for Human Rights Research, University of Sussex
Dr Matthew Evans, Co-Director, Sussex Centre for Human Rights Research, University of Sussex, UK
Dr Charles A. Khamala, Senior Lecturer, Academic Leader, Criminal Justice & Security Management, Africa Nazarene University Law School
Dr. Josh Bowsher, Lecturer in Sociology, University of Sussex
Dr Briony Jones, Reader in International Development, University of Warwick
Dr Sajida Ally, Research Associate, School of Global Studies, University of Sussex
Alejandro Posada Téllez, PhD candidate in International Relations, University of Oxford, UK
Dr Aisling O’Sullivan, Co-Director, Sussex Centre for Human Rights Research, University of Sussex, UK
Dr Nisan Alici, Post-doctoral research fellow, Queen’s University Belfast School of Law
Dr Simon Robins, Senior Research Fellow, Centre for Applied Human Rights, University of York, UK
END
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