Skip to Main Content
हिंदी में
Sri Lanka’s Post-War Reconciliation: Rising Concerns
Post-war reconciliation in Sri Lanka has been a complex issue. It involves not just the transitional justice and accountability issues it also involves arriving at acceptable political solution by all the communities within Sri Lanka. The lack of progress on these two issues has compelled the Sri Lankan Tamil political parties under the leadership of Tamil National Alliance (TNA), to appeal to international actors to take note of the internal situation in Sri Lanka. On 6th February 2022, a letter was submitted to the Minister for South Asia, the United Nations and the Commonwealth at the Foreign, Commonwealth and Development Office, UK, regarding deteriorating human rights situation in Sri Lanka.[1] On 3rd February 2022, the TNA leader R. Sampanthan called upon the members of United Nations Human Rights Council (UNHRC) to take note of increasing militarisation, arbitrary arrests and other atrocities in the north and east of Sri Lanka.[2] On 19th January 2022, the Sri Lankan Tamil parliamentarians submitted a letter to the Indian High Commission in Colombo, requesting India, to impress upon the government of Sri Lanka, to find a lasting political solution to the ethnic issue. Various developments pertaining to reconciliation and political solution has become a cause for concern for the Tamil political parties. This issue brief will look at some of the concerns of minority Tamil political parties and response of international actors and expectations from the government.
Pending Concerns
First and foremost is the lack of clarity regarding constitutional guarantee of power sharing. The Sri Lanka Podujana Perumana (SLPP) government introduced the 20th Amendment to the Constitution of Sri Lanka in October 2020. The Amendment rolled back most of the reforms that were introduced by the 19th Amendment to the Constitution of Sri Lanka during the previous National Unity Government (NUG). These include dilution of presidential powers by strengthening independent commissions such as Human Rights Commission, Election Commission and Public Service Commission. A Constitutional Council was appointed to run independent commissions. The 20th Amendment also removed checks and balances on the executive decisions by effectively providing sweeping powers to the President in appointments to important commissions and institutions[3]. The SLPP government is also planning to introduce a new Constitution by this year. It appointed an expert committee in September 2020, to draft a new Constitution. But nothing much is known about the changes that the government is trying to bring in through new constitution. Limited public consultations also remain an issue. According to Sri Lankan civil society leaders, the new constitution will follow the tone of 20th amendment, i.e. concentration of powers at the centre and may introduce electoral reforms.[4]
Second, there is an ambiguity regarding the full implementation of the 13th Amendment to the Constitution of Sri Lanka. The Amendment was introduced as part of 1987 Indo-Sri Lanka Agreement and it tried to address the Tamil community’s long standing demand for meaningful power devolution to the provinces relating to land rights and law& order powers. India has been pushing for the full implementation of the amendment for long during official visits and at the UN. India believes it is in “Sri Lanka’s own interest that the expectations of the Tamil people for equality, justice, peace and dignity within a united Sri Lanka are fulfilled”.[5] However, this amendment was not widely accepted among all communities in Sri Lanka. The government of Sri Lanka considers the issue of power devolution, internal to Sri Lanka, which needs domestic consensus for implementation. Tamil political leaders on the other hand have welcomed the amendment as a framework that provides a ‘basis for devolution of powers to provinces but not enough to achieve meaningful devolution in current unitary state structure set up in Sri Lanka’[6].
Third, appointment of Sinhala hard line leaders and persons accused of war crimes in important instructional positions, is considered as a bottleneck in addressing post-war accountability and transitional justice issues in Sri Lanka. For instance, setting up of Presidential Task Force on “One Country and One Law” led to controversy due to the possible negative implications the law can have on plural society of Sri Lanka. After much domestic and international criticism, the government had to change the composition of the taskforce and later admitted members representing women and minority Tamil community. There are other appointments flagged by minority political parties and civil society of Sri Lanka that go against the process of reconciliation. For example, the appointment of former Navy Chief Wasantha Karannagoda, as the Governor of North Western Province, who was accused of involvement in cases of disappearance during the last phase of civil war in Sri Lanka (2008-2009), led to a strong objection by the families of missing persons.[7] The three decade long conflict in Sri Lanka led to significant number of disappearances. Since the 1980s nearly one lakh persons from all religious and ethnic communities have disappeared (second highest number of cases registered with the UN in the world), but families of missing persons are yet to get justice.[8] The Office of Missing Persons (MOP), established in 2017 made little progress on the issue.
Fourth, the uncertainty regarding the full implementation of UNHRC resolution 30/1 titled “Promoting reconciliation, accountability and human rights in Sri Lanka” since 2015, is another perturbing aspect. The Government of Sri Lanka withdrew from the UN resolution in February 2020, effectively distancing itself from full implementation. The resolution called for setting up of mechanisms for accountability and transitional justice with the help of international actors. However, “the government has been insisting on inclusive, domestically designed and executed reconciliation and accountability process and protection of human rights”.[9]In line with the position, it appointed a ‘Presidential Commission of Inquiry (COI) for Appraisal of the Findings of Previous Commissions and Committees on Human Rights and the Way Forward’. The Commission handed over its Interim Report to President Gotabaya Rajapaksa on 21st July 2021, which recommended reforms in the controversial Prevention of Terrorism Act (PTA) rather than repeal of the Act as demanded by the Tamil parties and the UN agencies.[10]Under these circumstances, the UN established an international evidence gathering mechanism called OHCHR Sri Lanka Accountability Project in 2021, to gather further information about the human rights situation in the country.[11] Whether this mechanism will help to speed up the process of reconciliation in Sri Lanka is a question?
International outreach and expectations
Given the present approach of the government on issues like constitutional guarantee of power devolution, decentralisation and human rights, the TNA along with other minority parties are trying to garner the international attention and using every opportunity to highlight the Tamil demands at the international fora. For instance, the TNA leader M. A. Sumanthiran travelled to the United States (US) in November 2021 at the invitation of US State Department officials, where he held discussions with the Assistant Secretary of State for South and Central Asian Affairs Donald Lu regarding Tamil concerns in Sri Lanka. The Global Tamil Forum (GTF), representatives, a Sri Lankan Tamil diaspora organisation active in the US, Canada and the UK were also present at the meeting. The meeting discussed possibilities for ‘greater involvement by the US in the Tamil affairs in Sri Lanka for a lasting political solution’.[12] The US was at the forefront in mobilising international opinion at the UNHRC against Sri Lanka in post-war years and sponsored resolutions that called for reconciliation and accountability for human rights violations. The return of the US to the Human Rights Council in October 2021 under the Biden administration after a gap of three years has again provided an opportunity for Tamil political parties to engage the US on post-war reconciliation issues in Sri Lanka. The US may join the core group on Sri Lanka at the UNHRC, comprising Canada, Germany, UK, Malawi, Montenegro and North Macedonia, in coming months. Inclusion of US in the core group, the Tamil parties are hoping will lead to discussion on possible political solution, as mentioned, in the March 2021, UNHRC (46/1) resolution on Sri Lanka.[13] Tamil parties emphasized on the need for repeal of PTA, during a meeting with the EU delegation that visited Sri Lanka in September 2021. The PTA has been in use for nearly forty years and under the law a person can be put in prolonged arbitrary detention without charge. The Tamil parties in Sri Lanka are also hoping that India will put pressure on the government of Sri Lanka for meaningful political solution. India has invested a lot in the past in Sri Lanka’s peace building as peace is indispensable for the security of both the nations. India reiterated the importance of devolution of power for finding an acceptable political solution within Sri Lanka, during the Sri Lankan Foreign Minister visit to India, in February 6-8, 2022[14].
By reaching out to the international actors such as the US, UK and India, Tamil parties are expecting some kind of interim arrangement in the political solution arena while simultaneously addressing larger issues pertaining to justice and accountability.[15] The delay in conducting the provincial council elections since 2019 as promised by the government is also casting a doubt about government-led new constitutional process. Absence of any government led concrete steps towards political solution, has forced the Tamil parties to look for options to pressurise the government of Sri Lanka. In a joint letter submitted to the members of Human Rights Council in January 2021, the TNA along with Tamil National People’s Front (TNPF) and Tamil Makkal Tesiya Kootani (TMTK) sought an international probe into rights violations in Sri Lanka by involving International Criminal Court (ICC).[16] Imposition of sanctions by foreign governments also called Magnitsky Sanctions, on Sri Lankan alleged war criminals, is another demand that has been put forward by the Tamil leaders in recent days’.[17]
The West has been responding to the developments and used sanctions as a tool to pressurise the government of Sri Lanka to deliver on promises made with regard to reconciliation. In February 2020, the US imposed sanctions on Sri Lanka’s former military Chief, Shavendra Silva, due to his alleged role in war crimes during the last phase of the war in Sri Lanka in 2009. The continuation of GSP + status offered by the EU to Sri Lanka, is also dependent on Sri Lanka’s compliance with twenty seven conventions covered under the GSP + scheme related to human rights, labour rights and god governance.[18] In a major setback, the Scotland Yard decided not to renew the agreement signed to train the Sri Lankan police after March 2022 due to increasing rights violations. Meanwhile, the International actors’ response to internal developments in Sri Lanka was not received well by the government. For instance, it strongly objected to the Human Rights Watch (HRW) report 2022 on Sri Lanka on grounds that it depicted an exaggerated and unduly negative picture of current human rights situation in the country’.[19] The report highlighted that few of the steps taken by the government such as amendment to the PTA, appointment of war accused in important positions, increasing surveillance and militarisation as inimical to achieving genuine reconciliation.[20]
Conclusion
In Sri Lanka there have been number of processes that were initiated involving domestic and international actors to find an amicable political solution to the ethnic question. The B-C Pact of 1957[21], S-C Pact of 1965[22], 1987 Indo-Sri Lanka Agreement, Mangala Moonesinghe Committee of 1991, constitutional reforms proposals from 1995-2000 during the Chandrika Kumaratunga Government, the All Party Representative Committee (APRC), Lessons Learned and Reconciliation Commission (LLRC) during the Mahinda Rajapaksa government (2005-2015), Norway-led peace process in early 2000s and constitutional exercise during the last NUG government, could not find an amicable political solution. Lack of bipartisan approach among Sinhala political parties and differences within Tamil minority parties were a major hurdle in achieving meaningful solution in the past and continues to be a hurdle even today.
In present political scenario in Sri Lanka, difference in perceptions between the majority Sinhala political parties and minority Tamil parties on the issue of reconciliation, accountability and political solution is hard to dent. The UN-led reconciliation measures and involvement of international actors in transitional justice mechanisms is not welcomed by the government in Sri Lanka. International involvement in any form is resented by the majority community on grounds of a threat to sovereignty. On the other hand, Sri Lankan Tamil political parties seem to have lost hope on domestic mechanisms, as promised by the government, to achieve any meaningful devolution and reconciliation. Much debated federal solution is hard to come by as it requires a new Constitution that will have to be approved by two-thirds majority in the Parliament and in a national referendum. Complex ethnic relations in Sri Lanka and composition of parliament may not allow any change in the unitary structure of the state. In this scenario, the Tamil political parties seem to be looking at the West and India for support. How much the international actors can do to bring in the required constitutional and political changes for achieving post-war reconciliation in Sri Lanka is difficult to predict, given the complex ethnic history of the country.
*****
*Dr. Samatha Mallempati, Research Fellow, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.
End Notes
[1] Colombo Telegraph, “Tamil MPs Jointly Write to Lord Ahmed To Challenge His Silence On Human Rights Violations In Sri Lanka”, Colombo, 6 February 2022”, https://www.colombotelegraph.com/index.php/tamil-mps-jointly-write-to-lord-ahmed-to-challenge-his-silence-on-human-rights-violations-in-sri-lanka/. Accessed on February 7, 2022.
[2]Tamil Guardian, “Sri Lanka has failed’ – Sampanthan writes to the United Nations”, Tamil Guardian, 3 February 2022, https://www.tamilguardian.com/content/sri-lanka-has-failed-sampanthan-writes-united-nations. Accessed on February 4, 2022.
[3]Centre for Policy Alternatives, Colombo, “Statement on the Twentieth Amendment”, Colombo,4 September 2020, https://www.cpalanka.org/statement-on-the-twentieth-amendment-2/. Accessed on January 30 , 2022.
[4]Perera Jehan, “New Constitution needs to reflect Sri Lanka’s plurality”, The Island 16 November 2021, https://island.lk/new-constitution-needs-to-reflect-sri-lankas-plurality/. Accessed on February 1, 2022.
[5]Ministry of External Affairs, Government of India, “Opening Remarks by External Affairs Minister at the Joint Press Conference with Foreign Minister of Sri Lanka”, 6 January 2021, https://mea.gov.in/Speeches-Statements.htm?dtl/33368/Opening_Remarks_by_External_Affairs_Minister_at_the_Joint_Press_Conference_with_Foreign_Minister_of_Sri_Lanka. Accessed on February 2, 2022. Accessed on February 1, 2022.
[6]The MorningLK, “The Sunday Morning, Colombo, “Sumanthiran charts way forward”, 8 January 2022, https://www.themorning.lk/sumanthiran-charts-way-forward/. Accessed on February 2, 2022.
[7]Meera Srinivasan, “Controversial ex-Navy chief is Gotabaya’s pick as Governor”, Hindu, 9 December 2021, https://www.thehindu.com/news/international/controversial-ex-navy-chief-is-gotabayas-pick-as-governor/article37917929.ece. Accessed on February 2, 2022. Accessed on February 1, 2022.
[8]Meenakshi Ganguly, “Families of Sri Lanka’s Forcibly Disappeared Denied Justice”, Human Rights Watch 25th August 2021, https://www.hrw.org/news/2021/08/25/families-sri-lankas-forcibly-disappeared-denied-justice. Accessed on February 3, 2022.
[9]Foreign Ministry , Sri Lanka, “ Response to the Human Rights Watch “World Report 2022”: Sri Lanka Section”, 22 January 2022, https://mfa.gov.lk/hrw-world-report-2022-sl/. Accessed on January 31, 2022.
[10]Embassy of Sri Lanka, United States of America, “President handed over interim report of Commission appointed to probe alleged human rights violations” 21 July 2021, https://slembassyusa.org/new/images/PMD-EMBUS2new.pdf. Accessed on February 4, 2022.
[11]Human Rights Council, 46th session, “Resolution adopted by the Human Rights Council on 23 March 2021”, https://undocs.org/A/HRC/RES/46/1. Accessed on February 5, 2022.
[12]Tamil Guardian, “Sumanthiran speaks on genocide, a political solution and broader US involvement in Sri Lanka”, 10 December 2021, https://www.tamilguardian.com/content/sumanthiran-speaks-genocide-political-solution-and-broader-us-involvement-sri-lanka. Accessed on February 6, 2022.
[13]Human Rights Council, Forty Sixth Session, “Resolution adopted by the Human Rights Council on 23 March 2022, Promoting reconciliation, accountability and human rights in Sri Lanka, 46/1”, https://undocs.org/A/HRC/RES/46/1.Accessed on February 1, 2022.
[14] Ministry of External Affairs, Government of India, “Visit of Minister of Foreign Relations of Sri Lanka to India (February 06-08, 2022)”, https://mea.gov.in/press-releases.htm?dtl/34822/Visit+of+Minister+of+Foreign+Relations+of+Sri+Lanka+to+India+February+0608+2022
[15]Tamil Guardian, “Sumanthiran speaks on genocide, a political solution and broader US involvement in Sri Lanka”, 10 December 2021, https://www.tamilguardian.com/content/sumanthiran-speaks-genocide-political-solution-and-broader-us-involvement-sri-lanka. Accessed on February 2, 2022.
[16]Meera Srinivasan, “Sri Lanka’s Tamil parties seek international mechanism to probe ‘war crimes’, The Hindu, 16 January 2021, https://www.thehindu.com/news/international/sri-lankas-tamil-parties-seek-international-mechanism-to-probe-war-crimes/article33587966.ece. Accessed on February 1, 2022.
[17]Colombo Telegraph, “Tamil MPs Jointly Write to Lord Ahmed To Challenge His Silence On Human Rights Violations In Sri Lanka”, 6 February 2022, https://www.colombotelegraph.com/index.php/tamil-mps-jointly-write-to-lord-ahmed-to-challenge-his-silence-on-human-rights-violations-in-sri-lanka/. Accessed on February 7, 2022.
[18]European Union, “EU-Sri Lanka Joint Commission: Joint Press Release”, 8 February 2022, https://eeas.europa.eu/delegations/sri-lanka/110686/eu-sri-lanka-joint-commission-joint-press-release_en. Accessed on February 8, 2022.
[19]Foreign Ministry, Sri Lanka, “ Response to the Human Rights Watch “World Report 2022”: Sri Lanka Section”, 22 January 2022, https://mfa.gov.lk/hrw-world-report-2022-sl/. Accessed on January 30, 2022.
[20]Human Rights Watch, “World Report 2022,” Sri Lanka: Events of 2021”, https://www.hrw.org/world-report/2022/country-chapters/sri-lanka. Accessed on February 1, 2022.
[21]The Pact was signed by the then Prime Minister of Sri Lanka S.W.R.D. Bandaranaike and Tamil leader S.J.V. Chelvanayakam, leader of Ilankai Tamil Arasu Katchchi (ITAK).
[22]The Pact was signed by Dudley Senanayake, the Prime Minister of Sri Lanka and S.J.V Chelvanayaka, leader of Ilankai Tamil Arasu Katchchi (ITAK).
