On May 18, 2009 the Government of Sri Lanka (GoSL) declared victory over the Liberation Tigers of Tamil Eelam (LTTE) and ended a 30-year conflict. The way the final phase of the war was fought, how it ended and what happened with the Tamil civilians and LTTE combatants at the end of the hostilities became a controversial issue.
The Security Council (SC) considered the war and the internments of the internally displaced people (IDP) as an internal matter.
The GoSL always called the final stage of the war a “humanitarian rescue operation” and presented its actions as part of a large hostage rescue operation (This was based on the well-known fact that the Liberation Tigers of Tamil Eelam (LTTE) were holding back civilians in its territory). At the end of the hostilities, civilians were put in overcrowded, closed camps for “InternalIy Displaced Persons” (IDPs) with limited humanitarian assistance where they were exposed to harassment by security forces who were looking for LTTE fighters likely to be hiding among them.
After more than a year, on June 22, 2010 the SG announced the appointment of an ‘Experts’ Panel’ to inform him of the progress of the commitment made by the GoSL after his visit in 2009. The UN Panel of Experts completed its report at the end of March 2011 and made it public on April 25. The Lessons Learned and Reconciliation Commission's (LLRC) accountability initiative had by then conducted eight months of public hearings and the GoSL was very concerned that the earlier publication of the UN Panel report would compromise its domestic driven initiative.
Past events are the underlying cause for a need for a reconciliation process. They are well documented and the author has referred to them when strengthening or clarifying an argument. The length of this document does not however, allow for a detailed account of the conflict history in Sri Lanka.
This essay will firstly analyze the process that led to the establishment of the LLRC and its working modalities including its mandate. Secondly, it will critically assess the final report and a selection of LLRC major findings of the LLRC. It will then discuss some key elements, based on the framework of restorative justice, which could be deemed essential for an improved reconciliation process in Sri Lanka. As a conclusion, it will propose required key short- and long-term policy changes in order to facilitate the reconciliation process.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Establishment of the LLRC
- LLRC working modalities
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay critically examines the establishment, working modalities, and findings of the Lessons Learned and Reconciliation Commission (LLRC) in Sri Lanka, a national body established to address the alleged abuses in the final stages of the Sri Lankan Civil War. It further analyzes the process of reconciliation in Sri Lanka, exploring its key elements within the framework of restorative justice and proposing necessary policy changes to facilitate this process.
- The establishment of the LLRC and its limitations
- The working modalities of the LLRC and its lack of transparency
- The key findings of the LLRC and their implications for reconciliation
- The role of restorative justice in reconciliation
- Policy recommendations for improving the reconciliation process in Sri Lanka
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter examines the process that led to the establishment of the LLRC, analyzing its mandate and its limitations. It focuses on criticisms raised by human rights organizations regarding the lack of conformity with international standards, the ambiguous nature of the accountability mandate, and the absence of witness protection programs. The chapter also critiques the commission's perceived lack of independence, highlighting the prominent role of government officials within the commission. The chapter concludes by discussing the commission's failure to fully represent the diversity of Sri Lankan society, particularly in terms of gender and ethnic representation.
The second chapter focuses on the LLRC's working modalities, highlighting the impact of the commission's structural deficits on its performance. It examines the UN Panel of Experts' criticism of the LLRC's lack of a clear approach to truth-seeking and investigation, pointing out that the commission focused primarily on gathering information about the lawful conduct of the Sri Lankan forces rather than investigating alleged violations of law. The chapter then critiques the nature of the public hearings, arguing that they appeared to serve as a platform to disclose the government's position on the events rather than seeking an impartial truth. Finally, the chapter examines the shortcomings of the LLRC's field missions, focusing on its dismissive treatment of victims and the lack of dignity and respect afforded to witnesses.
Schlüsselwörter (Keywords)
This text examines the themes of reconciliation, accountability, and restorative justice in the context of the Sri Lankan Civil War. It focuses on the role of the Lessons Learned and Reconciliation Commission (LLRC) in addressing the alleged abuses in the final stages of the war, exploring the commission's mandate, working modalities, and key findings. The text highlights the importance of international standards, victim participation, and the need for transparent and independent investigations in achieving a just and lasting peace in Sri Lanka.
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- Marcel Reymond (Autor:in), 2012, Reconciliation in Sri Lanka, München, GRIN Verlag, https://www.grin.com/document/203099
