Strengthened reconciliation

Reconciliation has returned to the centre of war memorials, with President Sirisena reiterating it as a priority of the Government – but one thing the different events showed is how far Sri Lanka still has to go. 

The LTTE continues to haunt reconciliation efforts. Clearly both sides need to be given the freedom to remember and grieve over their dead. It is a crucial aspect of healing. Even though the tough silence enforced by the previous administration was largely absent, remembering the dead by the Tamil community and politicians was disappointingly seen as a pro-LTTE act by many, including some sections of the media. 

However, the Tamil National Alliance along with other stakeholders was able to hold memorials in the north, albeit with a Court order hanging over them. But it was still a far cry from the situation endured for five years previously, though indicative of both sides needing to communicate and understand their aspirations better. After years of criminalising any movement attempting to foster minority political rights, seeing the different groups in their true light will take time.

To their credit the Government has tried to walk the middle path. It has backed its promises with actions over the last four months and has promised a credible investigation into allegations of civilian deaths – a matter that was highlighted by the TNA.

Obviously, matters do not end there. The Commission on War Disappearances recently noted accountability and responsibility by parties vary from district to district, and in the Northern Province, 60% of the allegations were levelled against the LTTE, 30% against the security forces, 5% against armed groups and 5% against unknown groups. Cases of forced disappearances and abductions alleged to have been committed by officers of the security forces, according to oral submissions made by relatives of missing persons, had been reported. These needed to be referred to the Attorney General for judicial action, the Commissioners state in their report.

In addition, the Commission highlighted several grave incidents that include the Sathurukondan and Eastern University Massacres of 1990; the massacre of 600 Policemen in 1990 in Ampara and the massacre of Muslim civilians in Kurukalmadam. The Commission has recommended that these allegations be further investigated by a special investigating team to gather credible evidence against person/s responsible in order to institute criminal proceedings according to domestic laws. The timeframe for the investigations, how charges are framed and whether cases will be filed and fast-tracked through Sri Lanka’s mired legal system is yet to be seen.

It is also questionable whether the country’s beleaguered legal system is capable of handling cases of such complexity. For example, the witness protection legislation that was recently passed needs to be vigorously exercised. This is especially essential given the sensitive nature of the investigations and the fact that it could implicate very powerful people, who could in turn intimidate or threaten witnesses or otherwise sabotage the investigative and trial process. Without such safeguards in place, it is unlikely that the legal process will be considered fair and competent.

Compensation, counselling and psycho-social assistance for families in the north and east has also been recommended by the Commission, an essential part of the healing process that has not received much attention yet. Given the long years and policy deadlock, getting here alone is praiseworthy, but this is clearly the first step in a long journey of credible accountability, forgiveness and healing.

With fresh elections around the corner, solutions for these knotty issues will take time, but with the United Nations report pending and its own credibility at stake, Sri Lanka may not have that luxury.