Sri Lanka’s Transition To Nowhere – Analysis
By International Crisis Group. Confidence in the government’s reform will has been dented by lack of prosecutions in alleged corruption and political murder cases in the time of ex-President Mahinda Rajapaksa and by allegations of major corruption on its own watch..
Preoccupied with appearing patriotic and worried about dissent and Rajapaksa loyalists in uniform, the government has done little to reform the national security state or reduce the military’s considerable autonomy. It continues to drag its feet on impunity for human rights violations and abuses of power. Torture of detainees remains routine, and the draconian Prevention of Terrorism Act has yet to be replaced, as promised.. Failure to reduce the military footprint has led to a campaign of protests by Tamils in the north that is weakening support for the Tamil National Alliance (TNA), the main Tamil party cooperating closely with the ruling coalition.
Government plans for transitional justice – which would inevitably reveal more about atrocities by the popular, powerful military – have largely not materialised. President Sirisena has prevented the Office on Missing Persons from operating since parliament approved it in August 2016. Mechanisms promised in 2015 are also increasingly in doubt, though the UN Human Rights Council has given the government two more years to make good on commitments. Due to the government’s failure to explain the connection between transitional justice and rule-of-law reforms, many Sinhalese view justice for war-era abuses as a pro-Tamil, anti-military demand, rather than part of a program to protect all communities’ rights.
The government’s fate thus increasingly depends on that of the new constitution. The drafting process, which until late 2016 had been proceeding quietly, now hangs in the balance. Pro-Sirisena SLFP ministers oppose any changes requiring a referendum, which would rule out key reforms, including compromises reached with the Tamil National Alliance to strengthen provincial devolution instead of the federalism they had favoured. With no sustained narrative from the president or prime minister in favour of devolution, politics has been dominated by Rajapaksa-aligned Sinhala nationalists, who present even modest changes as existential threats to the nation’s Sinhala and Buddhist character. The government is on the defensive, denying that it is weakening Buddhism and supporting separatism.
To salvage the chance to address fundamental sources of conflict and instability, the government needs to return to its original good governance and reconciliation agenda.. To achieve a deal on the constitution that includes strengthened devolution, Sirisena must speak forcefully and lead a campaign that explains the reform package’s benefits for all communities. Renewing transitional justice hopes requires rapid launch of the Office on Missing Persons and faster progress on reducing the military footprint in the north and east. Packaged as part of rule-of-law reforms that include prosecuting alleged corruption and political crimes under the Rajapaksas, transitional justice could yet gain support across communities..
Recommendations
To restore momentum for democratic reforms sustainable peace requires
To the Government of Sri Lanka:
- Redouble efforts to draft a new constitution that respects the rights of all citizens and communities equally, backed by a public campaign, led by the president, to win support in a referendum.
- Restore civilian authority and build confidence in the north and east by:
- expediting and making more transparent the return of military-occupied land to its owners;
- ending military involvement in farms and shops that harm local businesses;
- ending military involvement in construction of Buddha statues in Tamil and Muslim areas; and
- ceasing intimidation and surveillance of lawful political activities.
- Re-energise the process of addressing the war’s legacy by:
- constituting immediately the Office of Missing Persons, with an independent, experienced staff and a significant role for victims’ families; and
- acknowledging the Consultations Task Force on Reconciliation Mechanisms’ report and using its recommendations to develop a public roadmap for full implementation of the UN Human Rights Council resolution.
- Address widespread impunity and restore rule of law by repealing the Prevention of Terrorism Act and ensuring any replacement respects essential rights; and investigating alleged corruption and emblematic human rights cases, including:
- the February 2015 Treasury Bond issue;
- the series of cases implicating alleged military intelligence death squads in the murder and abduction of journalists and students; and
- the 2006 massacres of aid workers in Mutur and students in Trincomalee.
- Establish and empower a high-level United National Party-Sri Lankan Freedom Party team to develop and oversee a consensus policy on economic reforms and how to share resulting short-term hardships more equitably.
To International Financial Institutions, Development Agencies and Donor Countries:
- Explore with the government ways to support the economy without demanding disruptive reforms that could trigger social conflict.