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ABSTRACT
How can a country meaningfully commit to transitional justice interventions when ethnocracy and majoritarianism remain deeply entrenched in its political, legal and constitutional structures? Despite the creation of several commissions of inquiry and other mechanisms over the years to deal with the past, including those set up during the civil war, transitional justice and reconciliation have not been an integral part of Sri Lanka’s nation-building campaign and socio-cultural consciousness. Sri Lanka’s transitional justice interventions have historically been top-down, state-driven and elitist that lacked wider consultations with various groups and take their interests and demands into account. The oscillation between different political parties and their domestic and foreign policy orientations have had little impact.
This article argues that the top-down and ‘one-size-fits-all’ transitional justice model does not work in certain societies, including Sri Lanka, and a shift to a unique and contexualised approach is imperative not only for longer-term sustainability but also to allow voices from the ground to be heard and included. This paper critiques the dominant transitional justice process and examines the challenges of achieving transitional justice in deeply divided societies where majoritarianism strengthens after the end of a violent conflict. Nonetheless, it acknowledges the risks of over-eulogising the bottom-up and local approach.
Disclosure Statement
No potential conflict of interest was reported by the author(s).
Notes
1. Roshni Kapur is a Doctoral Student at the University of Ghent She specialises in identity politics, transitional justice, peacebuilding, domestic and party politics of South Asia. The author would like to thank Dr Amit Ranjan and Dr Chayanika Saxena for reviewing earlier drafts of this paper.
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3. Cronin-Furman, ‘Human Rights Half Measures’, 152.
4. Lambourne, ‘What are the Pillars of Transitional Justice?’, 41–43.
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6. Kora, ‘Civilizing Peacebuilding’, 1.
7. Kent, ‘Engaging with “The Everyday”’, 145.
8. See note 6 above.
9. Kora, ‘Transitional Justice’.
10. Institute for Integrate Transitions, ‘Transitional Justice and Violent Extremism’, 184.
11. See note 6 above.
12. Sharp, ‘Addressing Dilemmas of the Global and the Local in Transitional Justice’, 80–81.
13. Ibid, 82–83.
14. Ibid, 78–79.
15. Hayner, Unspeakable Truths, 256–62.
16. Chr. Michelsen Institute, ‘Beyond Words’.
17. Sharp, ‘Addressing Dilemmas of the Global and the Local in Transitional Justice’, 97–98.
18. Yamamoto, et al. ‘Unfinished Business’, 17.
19. Lambourne, ‘What are the Pillars of Transitional Justice? The UN, Civil Society, and the Justice Cascade in Burundi’, 41–43.
20. Wenzel, ‘Retributive and Restorative Justice’, 375.
21. S.J., John Perry, ‘Reconciliation and Healing as the Ultimate Reality and Meaning of Peacebuilding in the Thought of John Paul Lederach with Special Reference to the Truth and Reconciliation Commission of Liberia’, 318.
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23. Kora, ‘Civilizing Peacebuilding’, 13.
24. See note 9 above.
25. Xavier, ‘Looking for ‘Justice in All the Wrong Places’, 53–71.
26. U.S. Department of State, ‘The JUST Act Report’.
27. Kora, Andrieu, ‘Civilizing Peacebuilding’, 11.
28. Joseph, ‘Ownership is Over-rated’, 10–111.
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30. Guruparan, ‘The Politics of the Discourse on Post-War Reconciliation in Sri Lanka’, 15–34.
31. United States Institute of Peace, ‘Commissions of Inquiry’.
32. Ibid.
33. Ibid.
34. Keenan ‘Sri Lanka needs truth, but not (yet) a truth commission’.
35. Kamdar, ‘How the Return of the Rajapaksas Spells Anxiety for Tamils in Sri Lanka’.
36. Cronin, Furman, ‘Human Rights Half Measures’, 123.
37. Ibid, 121.
38. Reliefweb, ‘Reconciliation in Sri Lanka’.
39. International Crisis Group, ‘Sri Lanka’s Transition to Nowhere’.
40. International Crisis Group, ‘Sri Lanka Between Elections’, i.
41. Ministry of Foreign Affairs, ‘Right to Information’.
42. Kapur and Ranjan, ‘New Dilemmas for Sri Lanka’.
43. Ibid.
44. Nebehay, ‘Sri Lanka plans South Africa-style commission to confront war crimes’.
45. Gomez, ‘The Politics of Dealing with the Past in Deeply Divided Sri Lanka’.
46. See note 40 above.
47. Raheem, ‘Sri Lanka’s commission addiction’.
48. Ibid.
49. Kapur, ‘Ethnic Reconciliation in Sri Lanka’.
50. See note 43 above.
51. See note 40 above.
52. See note 35 above.
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54. Cronin, Furman, ‘Human Rights Half Measures’, 136–140.
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56. Raheem, ‘Questions of Justice and Accountability’.
57. Ibid.
58. ‘President gives priority for ethnic reconciliation’.
59. Jayatilleka, ‘The state, statism and the contours of Sri Lankan social consciousness’.
60. Marasinghe, ‘The truth and reconciliation commission and some concerns’.
61. Satkunanathan, ‘How to evade justice’.
62. See note 35 above.
63. Lambourne, ‘What are the Pillars of Transitional Justice?’, 42.
64. Sharp, ‘Addressing Dilemmas of the Global and the Local in Transitional Justice’, 71.
65. Ibid., 72–73.
66. Vinck and Pham, ‘Ownership and Participation in Transitional Justice Mechanisms’, 399.
67. See note 4 above.
68. See note 43 above.
69. Lambourne, ‘What are the Pillars of Transitional Justice?’, 44.
70. Ibid., 41–43.
71. Xavier, ‘Theorising Global Governance Inside Out’, 281–282.
72. Aneez and Sirilal, ‘Rajapaksa criticises U.N. findings on Sri Lanka war crimes’.
73. See note 46 above.
74. See note 2 above.
75. Cronin, Furman, ‘Human Rights Half Measures’, 143.
76. See note 2 above.
77. Cronin, Furman, ‘Human Rights Half Measures’, 145.
78. ‘ICC delays cases of William Ruto and Laurent Gbagbo’.
79. Sharp, ‘Addressing Dilemmas of the Global and the Local in Transitional Justice’, 94.
80. Ibid., 71.
81. Ibid., 104.
82. Joseph, ‘Ownership is Over-rated’, 110–111.
83. Sharp, ‘Addressing Dilemmas of the Global and the Local in Transitional Justice’, 79.
84. Ibid., 80–81.
85. Weaver and Chamberlain, ‘Sri Lanka declares end to war with Tamil Tigers’.
86. Hayward and Raheem ‘Sri Lanka’, 248.
87. Bass and Amarasingam, ‘Introduction’, 4–5.
88. Seoighe, Citation2016. ‘Inscribing the victor’s land’, 451.
89. Kadirgamar, ‘Tamil Nationalism, Political Parties, and War-torn Political Culture’, 235.
90. Fernando, ‘The Need to Restore Judicial Review’.
91. Veluppilai, ‘Sinhala fears of Tamil demands’, 29.
92. Cawthra and Luckham, Governing Insecurity, 182.
93. Gamage, ‘Democracy in Sri Lanka’, 110.
94. Shastri, ‘Impact of Electoral Changes on Parties and the Party System in Sri Lanka’, 41–42.
95. See note 94 above.
96. Ibid, 112.
97. Attanayake and Kapur,‘Maithripala Sirisena’, 1–2.
98. Gamage, ‘Democracy in Sri Lanka’, 114–115.
99. ‘Sri Lanka Between Elections’, 15.
100. ‘Sri Lanka’s Transition to Nowhere’.
101. See note 60 above.
102. See note 48 above.
103. ‘Sri Lanka takes historic step towards establishing an Independent Commission for truth, unity and reconciliation [EN/SI], Government of SRI Lanka, 11 December 2023.
104. See note 35 above.
105. Internal Displacement Monitoring Centre, ‘Displacement Data’.
106. People for Equality and Relief in Lanka, ‘State-sponsored Sinhalization of the North-East’, 24.
107. See note 62 above.
108. Ghosh, ‘Does Ayodhya Ram Mandir stand over disputed Babri Masjid site? “Evidence shows … ”’.
109. ‘Protest in Jaffna shows solidarity with Batticaloa farmers’.
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111. ‘Controversial Online Safety Bill passed in Sri Lanka despite unconstitutional claims’.
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113. International Commission of Jurists, ‘Sri Lanka’.
114. Satkunanathan, ‘Sri Lanka continues to militarise the state, despite the Rajapaksas’ fall’.
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116. Kapur, ‘Covid-19 in India and Sri Lanka’.
117. See note 48 above.
118. Adayaalam Centre for Policy Research, Citation2023. ‘Joint Statement’, 19 July.
119. See note 62 above.
120. Orjuela, ‘Dilemmas of civil society aid’, 3–6.
121. President’s Media Division of Sri Lanka-PMD, ‘The Interim Secretariat for the Truth and Reconciliation Mechanism (ISTRM) in #SriLanka organised a forum in Colombo on February 9, bringing together various stakeholders to discuss the draft bill for a Commission for Truth, Unity, and #Reconciliation (CTUR)’.
122. Satkunanathan, ‘#CTUR #TransitionalJustice 1/Prez Media Division’s tweet on meeting held by Interim Sec for Truth and Recon Mechanism, which is part of attempt to show extensive consultations were held with stakeholders, is inaccurate and disingenuous. Sharing my experiences engaging with ISTRM’.
123. Gunatilleke, ‘Coexistence and violence’, 31.
124. Jeyaraj, ‘The injustice meted out to Hill Country Tamils after independence’.
125. Harees, ‘With impunity remaining normalised, what hope for Sri Lanka?’.
126. Wickremesinhe (Citation2022). ‘Confronting intolerance: Continued violations against religious minorities in Sri Lanka’, 5–6.
127. See note 2 above.
128. Ali, ‘Cleansing Sri Lanka of ethnonationalism’.
129. Dassanayake and Gamage, ‘Post-Aragalaya shifts in the politics of the Buddhist Sangha’.
130. See note 62 above.
131. See note 56 above.
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133. Lanka Barometer (Citation2023). ‘National Public Perception Survey on Reconciliation 2021’.
134. See note 126 above.
135. Lambourne, ‘What are the Pillars of Transitional Justice?’, 54–56;
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Additional information
Notes on contributors
Roshni Kapur
Roshni Kapur is a doctoral student at the University of Ghent. She specialises in identity politics, transitional justice, post-war reconciliation, domestic and party politics of South Asia. She is an author of the edited volume “Sustainable Energy Transition in South Asia: Challenges and Opportunities.”