Sri Lanka’s Proposed ‘Truth Commission’ Faces Uphill Battle Against Widespread Abuses

Abuses Undercut Proposed ‘Truth Commission’: Victims and Human Rights Defenders Reject Sri Lanka’s Initiative

September 18, 2023

Sri Lanka’s Ongoing Abuses

In a report published today, Human Rights Watch (HRW) has highlighted the ongoing human rights abuses committed by the Sri Lankan government, which are undermining the integrity and credibility of its newly proposed truth and reconciliation commission. The victims of past violations, their families, and human rights defenders have rejected the government’s initiative, citing lack of consultation, disregard for evidence from past commissions, and the risk of further abuse if they choose to participate.

The Report’s Findings

The 39-page report, titled “‘If We Raise Our Voice They Arrest Us’: Sri Lanka’s Proposed Truth and Reconciliation Commission,” documents instances of abusive surveillance and intimidation against activists and campaigners from minority Tamil families who were affected by enforced disappearances during Sri Lanka’s civil war. The government has been using counterterrorism laws to stifle dissent and silence those advocating for truth and accountability. In addition, government-backed land grabs have targeted Tamil and Muslim communities and their places of worship.

Meenakshi Ganguly, deputy Asia director at HRW, emphasizes the need for truth and accountability in Sri Lanka, but argues that a credible process can only be achieved with the support of the victims’ families and an end to government abuses. She suggests that the proposed commission is merely an attempt to deflect international pressure rather than a sincere effort to reveal the fate of the disappeared or hold those responsible accountable.

Lack of Consultation with Victims

The report is based on over 80 interviews conducted in Sri Lanka in June 2023 with victims’ relatives, victims of abuses, human rights defenders, activists, and journalists in predominantly Tamil regions. The Sri Lankan government has not yet released details about the new commission, known as the National Unity and Reconciliation Commission, but it has sought the support of foreign governments, such as South Africa, Switzerland, and Japan, as well as United Nations agencies.

However, the government’s targeting of individuals and organizations advocating for justice raises concerns about the credibility of the proposed commission. Victims’ families have described living under constant surveillance and restrictions on their freedom of movement, which have further traumatized them.

The Need for Genuine Accountability

During the left-wing insurgency in the late 1980s and the 26-year civil war between the government and the Liberation Tigers of Tamil Eelam, thousands of people “disappeared” in state custody. Both government forces and rebel groups were responsible for widespread atrocities, including attacks on civilians, extrajudicial executions, torture, and the use of child soldiers.

Despite the establishment of previous commissions to collect testimony from victims and witnesses, there has been no genuine accountability for these crimes. The authorities have actively obstructed criminal investigations into grave human rights abuses, effectively preventing progress in identifying those responsible and initiating prosecutions.

Sri Lankan civil society and victims’ groups have issued joint statements, emphasizing the urgent need for a process that delivers truth and justice. However, they argue that the current initiative lacks credibility and poses further harm to victims and their families. International law obligates governments to prosecute those responsible for war crimes and serious international crimes by all sides. Failing to do so not only perpetuates human rights violations but also undermines the prospects for lasting peace.

Recommendations for the Sri Lankan Government

HRW calls on the Sri Lankan government to take several steps to achieve credible justice and regain the trust of the victims and affected communities. These steps include:

• Genuine engagement with victims and affected communities
• Building on the evidence collected and recommendations made by past commissions
• Supporting a fair and credible investigation and prosecution of international crimes
• Ending ongoing abuses against victims, their families, and human rights defenders and activists
• Halting “land grabs” targeting minority communities

The Role of Foreign Governments

HRW emphasizes that foreign governments, including South Africa, Switzerland, and Japan, should not provide financial support or endorse a truth and reconciliation commission that victims have rejected. Doing so would put their lives at risk and undermine the integrity of the process. Instead, international partners, such as the European Union, should continue to exert pressure on the Sri Lankan government to fulfill its commitments to ending violations committed using counterterrorism laws.

Conclusion

The proposed truth and reconciliation commission in Sri Lanka cannot fulfill its intended purpose if it lacks credibility and fails to gain the support of the victims and their families. Genuine accountability for past human rights abuses is crucial for achieving lasting peace and justice. The Sri Lankan government must listen to the concerns of the victims, address ongoing abuses, and take concrete steps towards a credible truth and justice process.

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