Prioritising Truth in Post-War Sri Lanka

8/11/2019 Prioritising Truth in Post-War Sri Lanka

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Prioritising Truth in Post-War Sri Lanka

How do we keep the past alive without becoming its prisoner? How do we

forget it without risking its repetition in the future?

b !havani "onseka - on #$%&'%'#&(

)riel *orfman+ ,*eath and the aiden. -

The /hilean plawright )riel *orfman poses these 0uestions in his pla

*eath and the aiden after witnessing massive human rights violations in

his home countr and alludes to a delicate balance needed in terms of the

past+ present and future1 The /hilean 2ational /ommission on Truth and

3econciliation documented violations and published a report whichrecognised past events1 Subse0uent action in /hile held to account

perpetrators and introduced much needed reform1 The delicate balance was

achieved in /hile through several state and non-state initiatives1 Truth

telling was a critical part of it1

*iverse memories and perceptions of the past lead to a rich mosaic of
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narratives+ comple4 and sometimes at odds with each other1 Such diversit

should have space in a multi ethnic and multi religious societ1 ore than

5ve ears after the end of the war+ Sri Lanka is facing one of its biggest

challenges in making space for multiple narratives1 State sanctioned

initiatives and e4tremist ma6oritarian groups are aggressivel working

towards creating what /himamanda )dichie calls the danger of the single

stor1 7n such a contested setting+ is it possible to achieve the delicate

balance referred to b *orfman?

With mounting national and international pressure to address past and

ongoing violations+ the 8overnment of Sri Lanka has resorted to

establishing commissions of in0uir as its chosen path towards truth and

6ustice1 The most well known state initiative in post war Sri Lanka was the

Lessons Learnt and 3econciliation /ommission 9LL3/:1 7n '#&; the

Presidential /ommission to 7nvestigate into /omplaints 3egarding issing

Persons 9/


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larger public reliant on the limited public information as to the real

implications of such processes1 "urthermore+ such attempts will onl

e4acerbate the culture of impunit and the spiral of silence1

Problems with the ost 3ecent Truth Telling 7nitiative in Sri Lanka

3ecent discourse surrounding the present /


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handle issues covered b the e4panded mandate? The e4panded mandate

re0uires speci5c e4pertise into 7HL and 7H3L violations and conducting

investigations into allegations of war crimes and crimes against humanit1

8oing b the public sittings+ much more is re0uired if the /


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other1

The choice of et another commission to address violations and to

seemingl detract from the international investigations comes as no

surprise1 The e4panded mandate and the shift from its original purpose to a

broader mandate leads to concerns of attempting to undermine the gravit

of disappearances in Sri Lanka for political and possibl other purposes1 The

fact that man families from across Sri Lanka sent in complaints and some

travelled considerable distance for a brief moment to be heard+ et again+ is

a reminder of the thousands whose whereabouts are unknown and the

man 0uestions that re0uire answers1

7s 8enuine Truth Telling Possible in Post War Sri Lanka?

an who complained to the /


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was available to man in /olombo+ limited information was available in

annar1 Several in the area when 5rst contacted were unaware of the /eeing the shelling1 Her statement to the /


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6ustice to what the have endeavoured1 7n addition+ the 0uestions posed to

the families so far lack empath in the conte4t of deep trauma1

"urthermore+ statements made b some of the commissioners to the

families insinuate the disappeared and%or the families themselves were at

fault1 This raises the 0uestion whether the /awed and with little evidence of reform1 The

fact that the /


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disappearances1 The annar sittings were the 5rst since the e4panded

mandate and demonstrated a lack of planning and preparation needed if

the broader scope is to be adopted1 7mmediate reform is needed if the

8overnment is genuinel interested in a truth telling process that leads to

truth and 6ustice including a framework that provides for independent

mechanisms and processes that give voice to people.s grievances and

identif remedial action that is acted upon1

Truth Telling Lessons for Sri Lanka

Truth telling is an essential tool in a societ that witnessed decades of

violence1 7t is fundamental to remember that we cannot black out a chapter

of our histor+ however painful or unpleasant it is1 "or reconciliation and

coe4istence to be possible+ the whole truth must be known1 Gnfortunatel

but unsurprisingl+ the o=cial version of what amounts to the truth seems

to diCer from that of aCected communities1 7n such a conte4t+ would the

whole truth be possible? awed framework+ as is the present case+

is e4tremel worring and will continue to force aCected communities to

relive their trauma1 "urthermore+ such a process will be used+ as seen with

recent practices+ to weaken calls for independent investigations and

legitimise a >awed process1 The fact that man still go before commissions

is not a sign of their eCectiveness but an indicator of the sheer desperation

to 5nd answers when all else has failed1 This+ if nothing else+ should prompt

a responsible 8overnment to introduce much needed reform and to initiate

an independent mechanism needed in the search for truth and 6ustice1 Truthalone cannot dispense 6ustice but it is a critical tool to start a process to end

the silence1

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Prioritising Truth in Post-War Sri Lanka