By Jehan Perera –

Jehan Perera

The sudden reemergence of two major incidents from the past, that had become peripheral to the concerns of people today, has jolted the national polity and come to its centre stage. These are the interview by former president Ranil Wickremesinghe with the Al Jazeera television station that elicited the Batalanda issue and now the sanctioning of three former military commanders of the Sri Lankan armed forces and an LTTE commander who switched sides and joined the government. The key lesson that these two incidents give is that allegations of mass crimes, whether they arise nationally or internationally, have to be dealt with at some time or the other. If they are not, they continue to fester beneath the surface until they rise again in a most unexpected way and when they may be more difficult to deal with.

In the case of the Batalanda interrogation site, the sudden reemergence of issues that seemed buried in the past has given rise to conjecture. The Batalanda issue, which goes back 37 years, was never totally off the radar. But after the last of the commission reports of the JVP period had been published over two decades ago, this matter was no longer at the forefront of public consciousness. Most of those in the younger generations who were too young to know what happened at that time, or born afterwards, would scarcely have any idea of what happened at Batalanda. But once the issue of human rights violations surfaced on Al Jazeera television they have come to occupy centre stage. From the day the former president gave his fateful interview there are commentaries on it both in the mainstream media and on social media.

There seems to be a sustained effort to keep the issue alive. The issues of Batalanda provide good fodder to politicians who are campaigning for election at the forthcoming Local Government elections on May 6. It is notable that the publicity on what transpired at Batalanda provides a way in which the outcome of the forthcoming local government elections in the worst affected parts of the country may be swayed. The problem is that the main contesting political parties are liable to be accused of participation in the JVP insurrection or its suppression or both. This may account for the widening of the scope of the allegations to include other sites such as Matale.

Political Imperatives 

The emergence at this time of the human rights violations and war crimes that took place during the LTTE war have their own political reasons, though these are external. The pursuit of truth and accountability must be universal and free from political motivations. Justice cannot be applied selectively. While human rights violations and war crimes call for universal standards that are applicable to all including those being committed at this time in Gaza and Ukraine, political imperatives influence what is surfaced. The sanctioning of the four military commanders by the UK government has been justified by the UK government minister concerned as being the fulfilment of an election pledge that he had made to his constituents. It is notable that the countries at the forefront of justice for Sri Lanka have large Tamil Diasporas that act as vote banks. It usually takes long time to prosecute human rights violations internationally whether it be in South America or East Timor and diasporas have the staying power and resources to keep going on.

In its response to the sanctions placed on the military commanders, the government’s position is that such unilateral decisions by foreign government are not helpful and complicate the task of national reconciliation. It has faced criticism for its restrained response, with some expecting a more forceful rebuttal against the international community. However, the NPP government is not the first to have had to face such problems. The sanctioning of military commanders and even of former presidents has taken place during the periods of previous governments. One of the former commanders who has been sanctioned by the UK government at this time was also sanctioned by the US government in 2020. This was followed by the Canadian government which sanctioned two former presidents in 2023. Neither of the two governments in power at that time took visibly stronger stands.

In addition, resolutions on Sri Lanka have been a regular occurrence and have been passed over the Sri Lankan government’s opposition since 2012. Apart from the very first vote that took place in 2009 when the government promised to take necessary action to deal with the human rights violations of the past, and won that vote, the government has lost every succeeding vote with the margins of defeat becoming bigger and bigger. This process has now culminated in an evidence gathering unit being set up in Geneva to collect evidence of human rights violations in Sri Lanka that is on offer to international governments to use. This is not a safe situation for Sri Lankan leaders to be in as they can be taken before international courts in foreign countries. It is important for Sri Lanka’s sovereignty and dignity as a country that this trend comes to an end.

Comprehensive Solution 

A peaceful future for Sri Lanka requires a multi-dimensional approach that addresses the root causes of conflict while fostering reconciliation, justice, and inclusive development. So far the government’s response to the international pressures is to indicate that it will strengthen the internal mechanisms already in place like the Office on Missing Persons and in addition to set up a truth and reconciliation commission. The difficulty that the government will face is to obtain a national consensus behind this truth and reconciliation commission. Tamil parties and victims’ groups in particular have voiced scepticism about the value of this mechanism. They have seen commissions come and commissions go. Sinhalese nationalist parties are also highly critical of the need for such commissions. As the Nawaz Commission appointed to identify the recommendations of previous commissions observed, “Our island nation has had a surfeit of commissions. Many witnesses who testified before this commission narrated their disappointment of going before previous commissions and achieving nothing in return.”

Former minister Prof GL Peiris has written a detailed critique of the proposed truth and reconciliation law that the previous government prepared but did not present to parliament.

In his critique, Prof Peiris had drawn from the South African truth and reconciliation commission which is the best known and most thoroughly implemented one in the world. He points out that the South African commission had a mandate to cover the entire country and not only some parts of it like the Sri Lankan law proposes. The need for a Sri Lankan truth and reconciliation commission to cover the entire country and not only the north and east is clear in the reemergence of the Batalanda issue. Serious human rights violations have occurred in all parts of the country, and to those from all ethnic and religious communities, and not only in the north and east.

Dealing with the past can only be successful in the context of a “system change” in which there is mutual agreement about the future. The longer this is delayed, the more scepticism will grow among victims and the broader public about the government’s commitment to a solution. The important feature of the South African commission was that it was part of a larger political process aimed to build national consensus through a long and strenuous process of consultations. The ultimate goal of the South African reconciliation process was a comprehensive political settlement that included power-sharing between racial groups and accountability measures that facilitated healing for all sides. If Sri Lanka is to achieve genuine reconciliation, it is necessary to learn from these experiences and take decisive steps to address past injustices in a manner that fosters lasting national unity. A peaceful Sri Lanka is possible if the government, opposition and people commit to truth, justice and inclusivity.