23 November, 2019

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Transitional Justice In Sri Lanka: 2019 & Beyond

By Esther Hoole

Esther Hoole

In September 2015, the Government endorsed the Human Rights Council Resolution 30/1, and made an unprecedented commitment to transparency and accountability via a transitional justice process. It promised State-endorsed avenues to pursuing truth, justice, reparations and institutional reform, particularly in connection to the conflict. Immediately after the signing of the resolution it appeared that the transitional government was making concrete strides towards effectively dealing with the crimes committed by previous regimes and armed groups.

Three and a half years later, Sri Lanka’s political situation is remains unstable, and any commitment to transitional justice within Government seems to have waned. The political coup at the end of 2018 highlighted the serious cracks within the coalition government, the immense corruption within party politics, the vulnerability of some State institutions to the whims of the President, and the fragility of the entire transition. In relation to transitional justice, the few who supported it from within the Government have increasingly disengaged from it, as resistance to credible accountability grows stronger. Efforts to fulfill the commitments under Resolution 30/1 have been rushed, centered around the Human Rights Council sessions.

In 2019, we approach a series of major elections, that could re-define or put an end to any transitional reform process, including transitional justice. In the few months of the coup, with members of the former regime regaining power, there was an increase in surveillance and threats towards activists and victim groups, as well as the curtailment of media freedom – a reminder that a return to pre-2015 repression is a very possible outcome of these elections.

The prevalent political uncertainty indicates that in Government, there will be little to no political will or energy expended on transitional justice in the coming year, because of the controversy surrounding it. It is likely that any space left for a reformist agenda will be expended on passing a new constitution.

Given this broader context, we are left with the questions – 1) should transitional justice remain a priority in 2019?, and 2) how can transitional justice be advanced in this year despite increasing hurdles?

Transitional justice is underpinned by the global understanding that societies must address legacies of past crimes and human rights abuses to move forward into lasting peace and reconciliation. Although this coming May will mark ten years since the end of the conflict, Sri Lankan society is still far from a general acceptance that crimes were committed by both sides during the conflict, and from a credible accountability process. If we are to transform into a society which – in the long term – is reconciled, egalitarian, democratically stable, and which honours the law, implementing the transitional justice process of Resolution 30/1 is vital.

There is also a more politically realist point to be made here. One of the greatest contributors to the 2015 transition was the overwhelming support of minority communities, which also contain the largest victim communities. If the current government fails to perform on election promises of establishing the truth and judicial accountability within the coming year, it risks losing a significant – perhaps defining – portion of its 2015 voter base. For the continuation of a more liberal government post-2019, and the long-term political stability and peace of Sri Lanka, transitional justice must remain a priority, both domestically and internationally.

It is undeniable however, that the scope for transitional justice in Sri Lanka has narrowed dramatically in the past few years, with little to no political will, and a much stronger opposition. Advocates for transitional justice – diplomats, civil society and media – must alter their approach accordingly. In 2015, the modus operandi was to engage directly with the top tiers of Government – that door is fast closing. In the coming year, stakeholders must prioritize strengthening the gains of the past few years, building capacity and knowledge on transitional justice within lower tiers of government institutions and mobilizing public support for transitional justice.

The most concrete outcome of Resolution 30/1 in the past three years, is the Office on Missing Persons (OMP). Although it is not yet fully operationalized, it possesses a strong legal mandate and a fairly independent group of commissioners. The work of the OMP is extremely important. It is chiefly charged with finding the fate and whereabouts of those who were abducted or disappeared during the previous regime, particularly in connection with the ethnic conflict and other political and civil disturbances.  As such, tracing the fate of the more than 20,000 disappeared is a pressing need – socially and legally. The OMP also has the potential to uncover broader truths about repressive and criminal policies and conduct within State institutions that led to disappearances, which could contribute to truth-seeking efforts and lead to justice.

Since its inception the OMP has had to face much opposition by various political entities and continues to do so . To counter this, stakeholders must advocate for the OMP amongst the public, and ensure that State institutions collaborate with the OMP’s investigative process in the coming year.

2019 must also be a year where the independence, human rights compliance and capacity of State institutions are strengthened to support a transitional justice process. One of the encouraging revelations of the 2018 coup was the heightened independence of the judiciary. This was not the case three years ago, and bears testimony that there has been a measure of institutional reform since the transition. However, there is still much progress to be made in other departments. For example, prosecuting authorities have at times demonstrated  a more state-centric stance in times of political crisis. This is reflected in the working culture within civil service. Within the military there have been several recent promotions of personnel alleged to have committed grave violations of human rights and international humanitarian law, or implicated in domestic crimes. Stakeholders must push for vetting and institutional reform within key State departments. In many cases this may be done without legislative reform, despite conflicting political agendas, via capacity-building and strengthened advocacy within the relevant institutions.

Finally, 2019 must be a year of public mobilization – towards liberal democracy, truth and justice. Coup 2018 was testament to the power of the people in a democracy. Never has the Sri Lankan public so overwhelmingly and effectively engaged in domestic affairs demanding clean governance, the rule of law and fundamental rights. If Sri Lanka is to move towards being a functioning democracy based on principles and not populism, it is vital that this progress is maintained and advanced. Politicians and policy-makers must be held to account by their constituencies. With respect to transitional justice, stakeholders must continue to build awareness among all communities regarding the need to deal with the past, establish the truth and to pursue justice for crimes committed by all parties to the conflict. Regardless of which government emerges in 2020, a credible transitional justice process will necessarily require support and pressure from the public. 2019 must be a year of informing and building that support.

Despite the considerable political uncertainty that this year may bring, stakeholders must ensure that transitional justice remains an integral part of their agenda.  Lack of accountability for thirty years of repression, violence and conflict could negatively impact development and further destabilize national politics and security. The fulfilment of HRC Resolution 30/1 – Sri Lanka’s transitional justice manifesto – is uncompromisingly vital for any genuine and sustainable progress.

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Latest comments

  • 9
    1

    Esther
    Thank you for providing the only definition of “transitional” justice I have seen in the many articles that flout this concept.
    Can you help me understand further?
    Who crafted this term? People in poor countries who have suffered at the hands of their governments, each other or western social workers in international fora?
    If atonement for past sins is a pre-requisite for “transition” in to a new era, have the western nations “transitioned”?
    After all, in the US (I believe that is your motherland?) the country has NOT accepted culpability for slavery, internment of Japanese Americans, genocide of Native Americans or the colonizing of Pacific and Carribean nations. Why has the UNHCR taken up these issues and imposed sanctions on the US?
    What about Israel? Have they atoned for the genocide of Palestinians with the aid of UK?
    How about India? For their repeated massacres of Sikhs, North Eastern nations and Kashmiris – not to mentions muslims?
    What about France? They have murdered their way out of North Africa, haven’t they? Any UN resolutions against them?
    Saudi Arabia? Turkey? Norway? (After all the Viking were rapists and pillagers, weren’t they?)
    I hope you get the drift here.
    The UN is not the forum to address AUTHENTIC reconciliation. THe UN is used as a political bully to supress one ethnic group by another which has gained the “sympathy” of the powerful countries. Think Serbia or former Yugoslavia. Think South Sudan.
    And what have they accomplished – more bloodshed and animosity.
    It’s best to leave the people living on the island to figure out the best way to pursue reconciliation, without the involvement of power-hungry rich and up-and-coming countries. Their agenda is NOT a peaceful island, but a way to continue to exploit poor countries so they can live well at our expense.

  • 13
    14

    According to Wikipedia “Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses.”
    In Sri Lanka, a minority group consisting of descendants of slaves brought to this country illegally by colonial rulers launched a terrorist campaign to create a separate State. The Government of Sri Lanka launched a military operation to stop that terrorist campaign. The terrorists were defeated and normalcy was restored in the country. This country did not have a legacy of human rights abuses. So why the hell we waste out resources for ‘Transitional Justice’.
    If there are casualties in such an operation, the Western countries call them ‘collateral Damage’. If they can use that why it should not be applied to Sri Lanka. Is it because of the hypocrisy of White people who talk with a ‘Forked Tongue’.

    • 10
      1

      Eagle Eye,
      There was a Jaffna Kingdom.

      https://en.wikipedia.org/wiki/Jaffna_Kingdom

      Where are/were the ‘slaves’?

      • 0
        3

        This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

        • 3
          0

          Thank you moderator.
          .
          I read it three hours ago. It was a foul comment; I can’t remember exactly what it was.
          .
          Thanks again.

          • 3
            1

            @Sinahala_Man: you asked me why I attack Chimpa with derogatory names on another string (by the time I read your comment, CT has closed the response button). I will tell you why, we had a very comfortable life back in SL and left the country in total disgust because of the behaviour of the government (JR’s time) and the LTTE fellows. We saw this country was going to be destroyed by these scoundrels one day. We came to Canada with nothing in our pockets as we left everything and ran away due to fear of being murdered either by the LTTE or the armed forces. Though we had nothing much in Canada back then, we lived a very peaceful life until these sh&t disturbers arrived here. They all want Tamil Ealam from Canada, while their children are sent to great Colleges and Universities, they want the local kids in Lanka to fight their selfish dreams. Then I see filth like Chimpa promoting racism from wherever she is, I am not even sure whether she is a she or even a human. I hate racists from both sides of the ethnic divide. So I react quite viciously when I see or hear racists and I strongly believe they should never be given a place to spew their venom. Then I see people like you, an absolute delight to read your comments and draw comfort that there are good people still on this earth. I don’t care whether you are Sinhalese or Tamil. I would love to see someone like you leading this country. In the entire recent history of SL, I have only seen one leader who had my respect to a certain degree……..CBK. If you have the support, go for the leadership and make a difference my friend.

            • 4
              1

              Hi Tamil from North,
              .
              I read your comment with great interest. I agree with you more. Both side they have varied kind of racists. I today repsect only Arun Sidhartha or th elike tamil srilankens from the north, that I believe is the future for the country.
              :
              I live in Europe for decades and I always learn a lot from MY DEAR FRIEND, Sinhala Man. He is so gentle and speaks his heart out whenever he adds his valuable comments to this platform.
              :
              You are also dead right, that CBK is the only good leader that I think sofar the best, treated all equally. She really fought for everyone’s issue genuinely. Unforutnatley, sinhala supremacists dominated srilanka would never let her or the like personalities to earn the due respect. I also admired the genuine politics of late Mr Kadirgarmar. Asfor me, if Kadir ‘s efforts had failed, nothing like elemination of terror wihtin lanken bounderies would have ever been possible. Rajaakshes are the worst politicians in today’s srilanka. There are enough evidences to prove how they abuse their powers to infilict riots on muslims and tamils. Latter was made very clear by current president. – however for some reasons, local media mudlalis would not allow the kind of public statements be passed on to the people. Today the problem has been, that the media mudallalis and Rajakashe supporters the way they spread lies to the nation. People are kept in dark, or fed with falsified information.

              • 2
                0

                Hi Bunjappu, thanks my friend. Yes, I do not see Lankans as Sinhalese or Tamils. Sinhalese are just like us Tamils and just want to survive and coexist. So let us all live and let others live. But racists should be destroyed.

            • 1
              1

              Dear TFTN:
              .
              Thanks for some nice things that you’ve said about me. I’m dismissing them as sincere, but beside the point. No time, man! I know that Tamils suffered greatly. Period.
              .
              Please see here:

              .
              https://www.colombotelegraph.com/index.php/united-nations-must-recognioze-tamils-right-to-self-determination/comment-page-1/#comment-2261776
              .
              I’ve just posted two comments there. I don’t know who Campa is, or what gender. All seem to assume that it is a woman. So be it.
              .
              I have given her a link to this complaint of yours. Please scroll to the very bottom of the comments on this older article:
              .
              https://www.colombotelegraph.com/index.php/united-nations-must-recognioze-tamils-right-to-self-determination/comment-page-1/#comment-2261776
              .
              TFTN, why call her “Chimpa”? If she calls herself “Champa” why not call her that?
              .
              Sometimes, at work, we don’t like our colleagues. What do we have to do? Establish a satisfactory professional or working relationship. Nothing more. For that, you’ve got to be correct, polite, courteous. So you get on, without really having a warm relationship.
              .
              It’s up to you to establish such a relationship. When I established such a relationship with Champa in our comments it may be I who made the first move.
              .
              I’m sure that she, too, will come here and see this. So, I tell both of you, try to build bridges, because we must share this island. I, myself, don’t want to see it breaking up.
              .
              What History seems to tell us is that both sections of the country that is now de facto divided will have to give up part of its sovereignty and end up as parts of a Union of South Asia (in reality it’ll be something like the ASEAN grouping. You Tamils may relish it since you now feel “second-class citizens.” Champa will not like it.
              .
              Then lump it, Champa. Stop making hostile noises.
              .
              Stop acting puerile, both of you.

              .

              • 0
                1

                Sinhala_Man
                About “Tamil from the north;” thanks but NO THANKS!!!!
                There is no way I forget the language he used against me and his constant character assassinations. He continues to do this hoping that I will go away. There is no way I let a Tamil suppress my voice.
                For nearly 4 decades Tamils suppressed our voice internationally. Gone are the days!
                He thinks only he has a right to opinion, not me, that is because I am a Sinhalese Buddhist.
                I don’t give anyone second chances.
                Therefore, I have nothing to do with an empty vessel like “Tamil from the north.” He is free to continue. I don’t give a damn!

            • 2
              1

              Tamil from the north
              You are against Sinhalese who talk about themselves while at the same time you think that only Tamils and Muslims have the right to talk about themselves.
              You were in full support of LTTE until recently.
              You want everybody to recognize you as a Tamil from the north , but you try to deny my right to represent my race, by spewing venom and foul language thinking that I will run away.
              You are against me as I expose and challenge all the lies built up by Tamils against Sinhalese for 4, 5 decades.
              I DON’T GIVE A DAMN ABOUT YOUR COMMENTS against me although some people seem to have trouble in digesting them.
              Your comments show who you are and my comments show who I am.
              There is NO WAY I alter my comments for a minion like you who are a disgrace to the civilized society.

              • 1
                1

                Chimpi, I am a Tamil from the north. You are not a Sinhalese but a racist lunatic witch. I am against lunatics who have escaped the angoda asylum. Were you born to waste oxygen? You are coward, do a complete research and show me one comment I wrote which was in support of LTTE against the Sinhalese? But you will find hundreds of comments from me attacking racist simpletons like you. I do with great pleasure and we are not going away either. Oh by the way witch, where is the answer to my questions about Rajapaksa friends……….Karuna amman and Pillayan both who murdered 600 surrendered policemen, KP Pathmanathan who supplied arms to the LTTE which killed and maimed over 300,000 soldiers, civilians, etc, Daya master who was an LTTE senior advisor, Douglas Devananda who was an assassin for the EPDP, Weerawansa who was the main killer of the JVP………………..find the answers in the eternal wisdom you purport to have in your empty scull.

                • 0
                  0

                  Dear TFTN,
                  .
                  I think that I give up on you.
                  .
                  However, before you are destroyed by the hatred in your heart, could you please do something useful?
                  .
                  Could you please take a look at this article?
                  .
                  https://www.colombotelegraph.com/index.php/the-maldivian-parliamentary-elections-2019-where-a-happy-result-can-be-predicted/
                  .
                  K. Pillai has had something to say. I’ve responded to him, but what I have said has not yet been displayed. Who knows they may even censor it. However, it would be nice to have your views.
                  .
                  The hero of this story is Prof. Jeevan Hoole. Read his report, which you will be led to by the text, and tell me what you think of his performance.

                  .

                  • 1
                    0

                    Sinhala_Man, I do not have hatred towards ordinary people but I cannot stand one segment of the population……….racists and I do not think there is anything that is wrong with that. I do not hate you, as a matter of fact you are a gentle soul I deeply respect. You are like many of us who want to live with others in peace and not bring all this racist nonsense in day to day life. Our lives in beautiful Jaffna was brought to a screeching halt and we lost everything my dad worked so hard for, back in the 50s, my parents almost lost their lives in the riots and ran away from there to Jaffna, which became a safe refuge for our family. Then we were all chased away in the 80s by the LTTE buggers and the hoodlums in the army. Thanks to this beautiful country called Canada, which welcomed us with open arms and we made a home here. I grew up in an area predominantly Caucasians and did not feel one day that I was an outsider. Many of them gathered around me to learn maths and chemistry and came to watch me play cricket. This country felt like my native land within months of my arrival except for me slipping and falling on my backside many a times in the harsh winter snow. I have no hatred, I embraced my Sinhalese friends as my fellow lankans. They connected me to a land I loved but could not live in. Remember we lost everything twice and many of my friends who had nothing to do with the LTTE or any other armed groups were murdered by the army. One of my friends who I was going to help with the money I had saved up was murdered for no reason by the army………he was a student in university. So I know the pain and many don’t!!!!

                    • 0
                      0

                      TFTN, I wish you well.
                      .
                      Please do take a look at that article that I wrote. That represents my effort to bring about understanding.
                      .
                      Now I am tired.

      • 4
        2

        Justice@
        .
        Please dont make effort EGLE EYE to fall down with a heart problem. We the buddhists should look at him the like malicious/hateful people with some pitifulness. If i were in DOWN UNDER, I would have provided him with a proper therapies (psychological therapies against hateful mongers)
        :
        His hatreds towards tamil and muslim SRILANKENS would never die down even if he is now in his early 80ties (a octagenarian)

        I think many of you CT readers noticed the level of hatreds conditioned by Mahinda Pala AKA Eagle Eye.
        :
        Please Eagle Eye, get well soon ! Gute Besserung !

        • 0
          1

          Bunjappu
          Ha ha ha look at who is talking about hatred!!!
          I don’t think CT readers will forget how you displaced your hatred against Mahinda Rajapaksa in your every comment.

    • 3
      0

      Eagle Blind Eye, I am no admirer of the UN and it’s agencies which everyone knows is often biased towards rich and powerful nations. However the reason our problems have to end up there is simply because we are unable to sort it out ourselves.

      Your tirade about descendants of slaves etc only displays your level of education. There are descendants of slaves in every country but the Tamils are certainly not that. Go study your history first.

      • 3
        0

        Aelajo,

        I have no problem with ordinary Demala people whether they are descendants of slaves or not who like to live in harmony with Sinhalayo in any place in the country. But I have a problem with Demalu who make a concerted effort to distort the history of this country and carry out mudslinging campaign against Sinhalayo and Buddhists. For your information, Portuguse, Dutch and British colonial rulers brought a large number of Dravidian slaves (Brits called them indentured labor) illegally to this country to work in their plantations and distorted the demographic map. A large majority of the present generation is descendants of those slaves. That is the truth. These Demalu who have been in this country for about 500 years talk about a traditional homeland and fight to break the country and form a separate State. As a Sinhalayek it is my duty to tell these extremists who they are and challenge their anti-Sri Lanka anti-Sinhala and anti-Buddhist propaganda.

  • 9
    12

    “Although this coming May will mark ten years since the end of the conflict, Sri Lankan society is still far from a general acceptance that crimes were committed by both sides during the conflict, and from a credible accountability process.”

    All the heinous war crimes were committed by Demala barbarians who launched a terrorist campaign but they do not want to accept that and going after the Sri Lankan Armed Forces like a pack of rabid dogs.
    ————-
    Wellala politicians keep on uttering the Mantra ‘War Crimes War Crimes War Crimes’ to humiliate the Sri Lankan Armed Forces for killing the Sun God Prabhakaran and wiping out his barbaric army LTTE.

  • 5
    3

    What is Transitional justice and how can it be applied to Sri Lanka?
    ————
    Transitional justice is still developing concept in the liberal peace building industry and they have used Sri Lanka thanks to RW to experiment that.

    • 2
      0

      sach

      “What is Transitional justice and how can it be applied to Sri Lanka?”

      Apply it just like a bar of soap, shampoo, handful of polthel, local crushed chilli seeds, ……………..

    • 7
      6

      Sach,
      You are right. Sri Lanka is a guinea pig for making experiments. In 1977, IMF used SL to experiment Structural Adjustment. On the instructions of IMF, JRJ opened the economy like a flood gate allowing foreign products to flood the market and ruined all the local infant industries that mushroomed during 1970-77.
      ———
      Now experimenting with bloody Transitional Justice. White Supremacists cook up all these rubbish to create problems for other countries.

  • 2
    0

    OMP is another fraud. It is already working with Appe Aanduwa to hide Mannar Grave, after digging it for five years.

    OMP has to closed down just like Paranagama commission, before it start to send CIDs to the homes of the missing persons relatives.

  • 4
    0

    Panini,
    Esther is my niece and an old girl of Methodist College Colombo. She holds LLB and LLM degrees from Cardiff and is very much a Sri Lankan working in Colombo.
    Jeevan

  • 2
    1

    Thank you, Ms. Hoole for educating the Gembos in the well!
    Thankfully in this column, just one lone voice howling in the wilderness, trying to rewrite history! (the Good Lord was not merciful towards this soul when he handed out IQ – to mankind).
    If in the post-1971 era Sri Lanka there were mechanisms like what we have now, the majority community will understand about ‘truth and reconciliation, transitional justice and other civilized mechanisms of dealing with post-conflict resolution and achieving reconciliation.
    Until then, the monster they created, the massive military establishment is growing restless and will resist any attempt to find redress to the victims of war crimes or hold members of the military accountable.
    Just look at the recent statements President Sirisena made – “not a single soldier will be brought before any tribunal – so long as he was President”
    The rabid racists in Parliament are singing in harmony with the President – without missing a beat.
    The only hope is – change in the hearts and minds of the people of Sri Lanka – mainly, the majority community. The politicians they elected will propagate messages of hate, division, and disharmony.
    MR clan will campaign on the basis, they and they alone are the saviors of Sri Lanka – and delivered victory over the LTTE. The rest of the political parties will campaign on the basis – that the Government and the West are trying to punish war heroes and that will become their battle cry!
    So the net result – the process of ‘Transitional Justice’ will get pushed to the back burner!
    I am sorry to sound pessimistic – but that is exactly how I see this matter playing out.
    But here is a glimmer of hope. The last couple of months, I have been traveling in the deep South and Central and other provinces leaving out North and East.

  • 3
    0

    Thank you, young Esther Hoole, for an article that affirms the need for Justice in a generalised way.
    .
    I saw this article many hours ago, but decided that I needed sleep. I didn’t know what was meant by “transitional justice” and still don’t. Nor can I spend hours to find out all about it. However, let me hope that it is not what “sach”, who takes an identifiable line on social matters, says about it. As for “Eagle Eye” – is it ever worth reading carefully what he says? I have indeed taken a quick look, which confirms that most of us would be well-advised to leave his comments unread. Our attitude ought to be what the New Zealand Prime Minister adopted towards that white supremacist terrorist whose name she is never going to utter.
    .
    Such will be my attitude towards all comments that I see from “Eagle Eye” from now on. Colombo Telegraph ought to censor such garbage; we, readers, have a right to be protected from spam. How much of our time is taken up looking at such stuff?
    .
    By the same token, dear “sinhalese buddhist”, many thanks for having taken the time to study carefully what has been written, and respectfully raise certain concerns. It’s good that you got the first comment in. Also, I was intrigued by the name of the young writer. Two older men with the same surname have made significant contributions to our society; it is good to think that younger people are taking up the challenge. No doubt we will find out, with time, what connection, if any you have to them.

    • 5
      1

      Sinhala Friend:

      I saw this article many hours ago, but decided that I needed sleep. I didn’t know what was meant by “transitional justice” and still don’t. Nor can I spend hours to find out all about it. However, let me hope that it is not what “sach”, who takes an identifiable line on social matters, says about it. As for “Eagle Eye” – is it ever worth reading carefully what he says? I

      Let me help you what that means.
      First of all you are not going to change Eagle Eye ( shall I say one eyed bandit) or JD who are both born RACISTS except by Gene Mutation. What they write is garbage.

      *** Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses. Such measures “include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms”.[1] Transitional justice is enacted at a point of political transition from violence and repression to societal stability (or at times years later) and it is informed by a society’s desire to rebuild social trust, repair a fractured justice system, and build a democratic system of governance. The core value of transitional justice is the very notion of justice—which does not necessarily mean criminal justice. This notion and the political transformation, such as regime change or transition from conflict are thus linked toward a more peaceful, certain, and democratic future.

      Sadly you cant have all of the aove in a country Justice has never existec and never will. If Lasantha a mainstream Sinhalese cat get Justice how do you expect Thajudin a Muslim and all the thousands of Tamils to get Justice from within Sri Lanka. Justice is reserved for KING MAHINTHA and all the Kings Men.

      My Defintion

      Transitional Justice Trancends from Something which aleady exists and is waiting to take shape. You dont pluck Trasitional Justice from thin air . It is a non starter in Sinhala Lanka. I m sorry. UN was fooled

    • 3
      1

      Hi SM,
      The problem as I see it – our people at large, feel as if they are ” sinhala supremacists”. Many of the kind of thoughtbearers would not listen to anyone. Buddhist clergy fuel them on and on. I am close to LATE Rev. Dr Walpola Rahula, and feel myself, today’s buddhist and bmonks practise not buddhism, but ” BUDDHAGAMA”. Latter is an another version of buddhism, which they have made for their survivals. Most of them would stand for non-violence. This is the saddest reality of our socity yet in 2019.
      .
      So long the mentality would remain conditioned, as their parents planted them as seeds,nothing will change towards any changes palpably. We can talk and talk about paradigm shift of the attitude, but nothing will help much tangibly.
      .
      Please avoid that EVIL EYE – AKA Mahindapala, who is even more senior to you, but behave as if he missed his puberty yet today.
      :
      Alone his wording – repeatedly being used by Mahindapala is beyond all ethics and morals. Not even illiterate people today would agree with him.
      :
      As if we would live antoher 100 years, Eagle Eye keeps on adding his 2cts worth.

      • 1
        1

        Babalathappu
        There is nothing called Sinhala supremacy.
        Sinhalese are the majority in Sri Lanka.
        When the majority of people are of one race, naturally, they become the predominant race or ethnicity. Example: 1. Tamils are the predominant race in Tamil Nadu. 2. The predominant religion in India is Hinduism.

  • 6
    0

    Miss.Hoole,

    In September 2015, the Government endorsed the Human Rights Council Resolution 30/1, and made an unprecedented commitment to transparency and accountability via a transitional justice process. It promised State-endorsed avenues to pursuing truth, justice, reparations and institutional reform, particularly in connection to the conflict. Immediately after the signing of the resolution it appeared that the transitional government was making concrete strides towards effectively dealing with the crimes committed by previous regimes and armed groups.

    *** Transitional Justice is a RED HERRING in a Country where Justice has never existed. If there was Justice previously and it ceased for a short time then may be you can expect to get it back either from within or with and International Input. Under MR Sinhala Lanka wasin a dire state to fend off an assault by UN so they scumbed to the will of the UN . But under RW & MS rgere was never any intention to grant justice and they have gone gone back on their words under the principle of ESTOPPEL (Promise given to MR that he will be protected.) Only a resurrection of MR at the next election will spurn UN into action. Dont despair.
    MR has promised the following.

    1) Fraudsters will be caught except members of his family.
    2) Draconian mesaures to catch any Tamil whos asks QUESTIONS or demands RIGHTS
    3) COLONISATION will continue at pace.

  • 7
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    Miss.Hoole

    I should have added. Justice means treating every citizen equally and protecting every citizen irrespective of Caste Colour or Creed. But in Sinhala Lank look at the record.

    Since independance

    We were discriminated against
    Maimed and butchered during multiple RACE RIOTS for whic Sinhala Lanka holds the World Record.
    Discriminated through Stadardisation
    Our Home was never develped so we had to travel to the South and expose ourselves to attack.
    Our Sons and Daughters were killed and Raped at will.
    The list goes on

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      I am puzzled by the term transitional justice. The contents of the article suggests that the term appears as something less offensive to those offended by the term human rights. The writer’s conclusion suggests the in-applicability in Sri Lanka of both human rights and its euphemistic substitute, which is up against the same contradictions of Sri Lankan reality.
      I do not agree that the Supreme Court’s verdict on the October coup was a victory for democracy. As regards social, political and economic influence, the two sides were quite evenly balanced You could talk about a victory for justice when justice is upheld for a party that is weak and powerless. When it came to justice for the Plantation Tamils in the Citizenship Act, they hardly stood a chance and few complained. The Press was silent.
      If you look at the recent appointment of the President of the Court of Appeal by the multi-party Constitutional Council, the victory for justice mentioned is at best one step forward and two steps backwards. That is the justice Sri Lankan society wants.

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        Hi Rajan,

        why you think that the Supreme Court’s verdict on the October coup was a victory for democracy?

        I think it was indeed a victory, in a country even high profile murderers and their acts are defended by the system.
        :
        Just imagine, NZ PM got their legal system to allow the killer of 49 muslim worshipers be punished within 3 days. (this brutal massarcre was on a friday, but by following monday, they the legal authorities had convicted the killer that quickly).
        :
        In SRILANKA with overflowing pot holes in legal systems, they just leave even high criminals be released on a bail.
        Recent Examples
        1) PO officer was killed by a drunk -driver in a midnight… the complainant is not served with justice yet today thought the made accident was just a few wks ago
        .
        2)A Pohottuwa PS member(mp) is believed to have raped a 16-year old girl while being kept in a dark room, being carried out for a witchery event, … the PS member is escaped from being remanded not even an hour… instead, he was released on bail… ?????????????????.
        The girl is reported to be a daughter of a former soldier.

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        This is fun indeed! Two generations of the Hoole family having a serious discussion among themselves!
        .
        On the other hand, this sort of thing is healthy. None of is sure what the way out of the mess is, for this country. We’re all searching for answers, being honest with one another. I don’t yet properly “know” Esther. However, the two older Hooles seem to know that Sinhala_Man is Panini Edirisinhe. Absolutely anonymous comments are really annoying – and mischievous.
        .
        But that brings one to the question, “Can anybody know even himself, let alone his brother?” That’s too philosphical a question, and is an area in which none of us dare disagree with Rajan Hoole. The guy is far too sophisticated a Philosopher for us to cross swords with him in that area, for all that I understand his PhD to be in Mathematics – from Oxford at that.
        .
        However, here’s something for racist Sinhalese to explore: how on earth did this fellow, who can’t make himself a cup of tea (just remembered that it is only “plain tea” that the vegan will drink) get himself a first degree in Electrical Engineering? There must have been cheating! Especially considering the fact that although five weeks younger than me, he got into the University fifteen years before me!
        .
        Do you see the green-eyed monster?

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        Dear Rajan,
        .
        I think that I must pick a quarrel with you! Would it not have been better for you have ended with the rhetorical question:
        .
        “Is this the justice Sri Lankan society wants?”
        .
        Rather than:
        .
        “That is the justice Sri Lankan society wants.”
        .
        Dear Babalathappu,
        .
        I think that it’s all right all readers knowing this. I wouldn’t want to claim that either of us is regarded in the country as a great guy, although I feel that Rajan will be venerated, owing to his writings, a hundred years from now. Even now he has a World Reputation. Google his name, and find out for yourself. He may not accept such a compliment, but I sincerely believe it:
        .
        Rajan and I know each other pretty well, although there was a period of more than forty-five years when we did not meet each other.
        .
        We were classmates and remember that the Gurutalawa school, in particular, was both small and one where we were boarders.
        .
        I understand his thinking on these matters. He writes carefully. You must re-read and meditate on what he writes.

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    what transitional justice? what I see is the usual garb of “crimes committed by both sides” mantra often repeated by those allied to western interests as if they are equal and to evade any real accountability mechanism. would it be okay to equate the crimes committed by Israeli colonizer state with that of Hamas or that of Burmese state on the Rohingiyas with that of Muslim insurgents? so why the differential treatment on the Tamils? Tamil victims have from the beginning been calling for referral of Sr Lanka to international criminal court only to be ignored and allowing for the perpetrators to escape under the guise of reconciliation and transitional justice.

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    In September , 2015, neither the Americans nor the GOSL were aware Mangala was going to take a plunge into a “politically biased” UNHRC Cesspool.
    So, this “Trasitional Justice” demanded through this Organisation stinks.
    Now, the Toothless Colonial Masters are in an effort to show off their Tiger instinct sans a bite.

    What Transitional Justice took place in Diego Gracia where the indigenous people were bodily thrown out of their habitat by the British the Island handed over to Uncle Sam.
    How many OMPs were there in this operation?
    When ex-convicts were sent down under, what happened to the Natives?
    S

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      thondamany

      “When ex-convicts were sent down under, what happened to the Natives?”

      The natives are almost extinct, due to ethnic cleansing by the descendants of 700 convicts from the Lata land.

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    Dear thamizh,
    .
    Keep discussing. “kali” certainly sounds a young man.
    .
    It is important for young Sri Lankans to discuss these subjects and strive to solve all the problems that we face.

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    “justice” is one thing “reconciliation” is quite another. “justice” entails punishment (which is the same thing as “accountability”), “reconciliation” not. Prerequisite for “reconciliation” is “truth”. In practical terms the ONLY WAY to uncover “truth” is to move away from the demand for “accountability”.
    The choice is yours.
    “truth” is the most valuable thing, in fact the only thing, you can leave behind for the posterity.
    Again the choice is yours.

    Soma

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      somass

      ““truth” is the most valuable thing, in fact the only thing, you can leave behind for the posterity. “Again the choice is yours.”

      Of course you are right.
      However, is it your version of Truth do you want the world know or the absolute truth?

      “In practical terms the ONLY WAY to uncover “truth” is to move away from the demand for “accountability”.

      Have you ever heard of the objectives, principles, conduct, ………………. outcome of Truth and Reconciliation Commission of South Africa?

      The policy of reconciliation embodied in the inquiry was predicated on the fundamental principle that “To forgive is not just to be altruistic, [but] it is the best form of self-interest.” – South African History onLine

      There is something that you bigoted Sinhala/Buddhist fascists could learn from Christian principles of confession and forgiveness.

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        Native Vedda
        We have forgiven you even without confession according our Buddhist tradition while your cherished Christian principles demand confession as a prerequisite to be forgiven.
        It is your turn now.
        Your insatiable desire to punish the Sinhala side of the 30 year war seems unquenchable. You have forgotten your history of most ruthless terrorism world had ever known. (or you are trying hard to bamboozle the International Community) You relish every moment of that. You have threatened to haul us before International criminal court as per your Christian principles.
        Let us wait and see.

        Soma

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        Native Vedda,
        “There is something that you bigoted Sinhala/Buddhist fascists could learn from Christian principles of confession and forgiveness.”
        ————–
        Did George Bush, Tony Blair and Barak Obama who are devout Christians confessed for the war crimes and crimes committed against humanity in Afghanistan, Iraq, Libya, Syria?
        ————
        Sinhala Buddhists do not have to confess. It is Hindu and Christian Demala terrorists who have to confess for the killing spree they carried out against Sinhalayo for nearly four decades. Sinhala Buddhists who were the direct victims of Demala terrorism have forgiven and forgotten the heinous crimes committed by Demala terrorists. They do not make big noise to punish the Demala terrorists for the war crimes and crimes against humanity they committed. It is the ‘Koti Diaspora’ and TNA stooges who keep on bar-ing because of the grudge they have against Sri Lankan Armed Forces for sending their Sun God Velupillai Prabhakaran to hell and defeating his terrorist outfit LTTE.

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        Native Vedda,
        By the way, there were several Christian clergy who openly supported the LTTE terrorists. Did they confess? Tell them to come out and confess openly if they adhere to Christian principles of confession and forgiveness.

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    Native Vedda
    We have forgiven you even without confession according our Buddhist tradition while your cherished Christian principles demand confession as a prerequisite to be forgiven.
    It is your turn now.
    Your insatiable desire to punish the Sinhala side of the 30 year war seems unquenchable. You have forgotten your history of most ruthless terrorism world had ever known. (or you are trying hard to bamboozle the International Community) You relish every moment of that. You have threatened to haul us before International criminal court as per your Christian principles.
    Let us wait and see.

    Soma

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    Thank you soma for the clarifying the difference between justice and reconciliation.

    If South Africa has successfully overcome its racist past through the “Truth and Reconciliation” process, why is its rate of unemployment 27%? And more to the point, why do white people live behind high walls, armed to the teeth, while many blacks live and die on the streets?

    I think the so called “Truth and Reconciliation” process has actually NOT helped the most vulnerable South Africans. The involvement of the “International Community” has succeeded in further corrupting their politicians and created many oligarchs (including Indians) who continue to oppress the blacks.

    The UN does NOT have a good track record of pacifying countries after civil wars, and has become even less capable in the 21 st century.

    It is time to overhaul the UN and build more practical, useful and responsive international organizations that are NOT biased against non-white people.

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