By Lionel Bopage –

Dr. Lionel Bopage

Introduction

In Sri Lanka, fear is pervasive. Suppression of media and fundamental rights of people and repression of human rights defenders foster a climate of fear, silencing victims, and inhibiting reconciliation. Political and criminal interests threaten the justice system, putting lives at risk for exposing the truth.

For decades, regimes have perpetuated impunity, showing no signs of change. There have been no credible, independent investigations into major violent events like insurrections, the Black July pogrom, the proscription of the JVP, or the Easter bombings. Investigations are often obstructed, cases against perpetrators dismissed, and genuine investigators silenced or exiled. Allegations against intelligence and security agencies underscore the need for transparent and independent investigations with international involvement.

July 1983

The 1972 Constitution solidified majority supremacy, dismantling the separation of religion and state. Attacks and pogroms forced many Tamils to flee, thus generating a tendency of demanding for a state devoid of Tamils (and later on, of Muslims), thus generating and reinforcing the demand for a separate Tamil state, a trend that continued under the 1978 Constitution.

The trauma inflicted on our communities spans centuries, from feudal times to colonialism and post-independence history. Impunity for recent crimes haunts society, with no end in sight. The 41st anniversary of the 1983 Black July pogrom is a stark reminder of thousands of Tamil deaths, mass displacement, and the onset of a 26-year civil war in the north and east, and an armed uprising in the south, resulting in the loss of countless number of lives, mostly the young people of the country.

July 1983

Families of victims demand to know the truth about their loved ones. Despite atrocities committed by security forces and paramilitaries, accountability remains elusive. More mass graves are discovered island wide, but regimes have shown no genuine interest in addressing war crimes. Instead, successive governments have evaded international scrutiny, ensuring reconciliation will continue to remain an unfinished business.

Our Challenge

As Sri Lankan Australians, we face two challenges: raising our voices for effective reconciliation in Sri Lanka and convincing sceptics of its importance. We must also contribute to reconciliation efforts in Australia if we are to maintain sincerity in our pursuits. My experiences with the 2023 Australian Indigenous Voice referendum highlight the lessons in truth-seeking for reconciliation.

Reconciliation is a long journey. In Australia, generations have fought for meaningful change, with more effort needed for future gains. Achieving a reconciled Australia means equal opportunities and life choices for Aboriginal and Torres Strait Islander children as non-Indigenous kids, ensuring life quality is not determined by background.

Reconciliation requires a country’s readiness for truth. Imposing it on society leads to failure. In both Sri Lanka and Australia, colonial histories of land dispossession, violence, and racism have lasting effects, particularly on non-majoritarian marginalised communities. While Australia has taken positive steps towards reconciliation since 1991, progress has been partial and sluggish.

A Vision for Reconciliation 

In Australia, reconciliation is based on five dimensions: historical acceptance, race relations, equality and equity, institutional integrity, and unity. It is an ongoing journey of strengthening relations in a plurinational society.

Understanding and respecting diverse cultures lead to building trust and ensuring freedom from discrimination. All communities must participate equally in life, with universal recognition of their rights and cultures. Political, business, and community leaders need to support reconciliation efforts committedly and actively.

Valuing all histories, cultures, and rights fosters a shared identity, helping rebuild a societal unity. Understanding historical damages and their impacts leads to widespread acceptance that such harms will not be repeated.

Reconciliation involves truth-telling and addressing inequality, systemic racism, and discrimination. Historical acceptance of past wrongs improves relations, equality, and equity.

Our Focus

A reconciled society respects and champions the rights of all citizens. Identifying issues that need to be addressed when working towards reconciliation becomes crucial. Achieving a just, equitable society requires equal life opportunities for all, regardless of anyone’s background.

Effective reconciliation demands enlightened leaders addressing past crimes and rights violations. It transcends political classes, requiring genuine commitment. I would like to highlight problematic issues in the commitments diverse political leaders have made in the past and also in certain projections political leaders are currently making with regard to their ways of working towards building a reconciled future in Sri Lanka.

Obviously, there is a need for change.

Truth Commissions – History

The first anti-Tamil riots in Sri Lanka started in 1958, with the state avoiding accountability. Ad hoc commissions gathered information, but regimes ignored their responsibility. Impunity for state abuses continues.

Sri Lanka’s history includes forced disappearances, extrajudicial killings, torture, abuse of power, illegal arrest, and detention. The Lessons Learnt and Reconciliation Commission (LLRC) ignored military targeting of civilians and safe zones. Even the two transitional justice institutions that were set up due to international pressure, the Office of Missing Persons and Office of Reparations were politically weak to offer any meaningful truth, justice or reparations and also became operationally defunct due to under-resourcing.

Successive regimes unsuccessfully tried to bury what happened during the war. Government appointed administrative and judicial mechanisms and other appendages failed to address the serious issues caused by past conflicts. They created further confusion and doubts about such efforts, thus diminishing conflict resolution and reconciliation efforts.

A Commission for Truth, Unity, and Reconciliation (CTUR) proposed in last May, lacked credibility, and is seen as a pretence for transitional justice. Victims and civil society lack confidence in government-appointed commissions.

Pertinent Issues

Effective inquiries need genuine witness protection. Lack of witness protection and the resultant fear hindered attendance of victims at previous commissions. Attempts to provide evidence from abroad also failed, and police officers protecting witnesses faced threats. A draft Witness Protection Law was never enacted. The process lost its credibility in entirety. Credibility of a commission depends on personal and institutional integrity.

The Truth, Unity, and Reconciliation

Many urge halting the proposed truth new commission and working with the UNHRC for truth and justice. Reconciliation requires devolving power, demilitarization, resettlement, and economic rejuvenation. If devolution of power is thought not to be an appropriate solution, then alternative propositions need to be made.

Without restoration and empowerment of civil administration, effective demilitarisation, resettlement of Tamil and Muslim displaced persons, disbanding paramilitary forces, releasing those who have been illegally detained and rejuvenating the provincial economies, talking about reconciliation will not be meaningful, but deceptive.

Conclusion

Achieving reconciliation involves abolishing unaccountable executive powers, restoring balance between branches of government, repealing repressive laws, and protecting freedom of speech. Prosecutions with independent oversight can break the culture of impunity. A broad coalition of progressive forces with a new political culture and committed leadership can challenge authoritarianism and promote socio-economic justice.

Meaningful reconciliation requires listening to victims and implementing confidence-building measures. A holistic process, based on past findings and recommendations, should empower communities through accountability, rule of law, and empowerment.

Regimes must demonstrate political will for serious inquiry into past abuses. Returning land to rightful owners and allowing memorialization of the deceased are vital. Sri Lanka’s failure to meet UNHCR commitments led to a 2021 resolution shifting evidence collection to the UN. Truth-seeking under UN protocols can reconcile divided communities.

Reconciliation requires victim inclusion and commitment to civilian democracy over military power. Genuine dialogue on truth-telling is essential for making progress.