Disappearances in Sri Lanka
by Wasana Punyasena, Boston College Third World Law Journal, Vol.3, Issue 1, January 2003
The Facade of Accountability Disappearances in Sri Lanka Punyasena 2003
Abstract: The current ceasefire between the Sri Lankan government and the Liberation Tigers of Tamil Eelam marks a watershed moment for the government to finally implement effective policies to halt the disappearance phenomenon and address issues of reconciliation. Despite the recognition of a range of institutional initiatives to combat and document disappearances, such efforts have been largely ineffective. This Note provides some concrete strategies to help limit the disappearance phenomenon within the Sri Lankan context.
An arrest has the trappings of legality and the rule of law; a kidnapping is at the whim of an individual!
Wasana Punyasena
…This Note analyzes disappearances through an in-depth case study of their use throughout the recent history of Sri Lanka. Part I of this Note presents a background on the disappearance phenomenon, as well as an analysis of the international legal protections used to combat this human rights crisis. This section further describes the strengths and weaknesses of these measures and highlights in particu lar whether they provide effective remedies and enforcement mecha nisms. Part II launches into the Sri Lanka case study by providing a brief social and political analysis of the country’s civil and political conflict. Understanding the roots of the divisions and tensions among groups perpetrating and being victimized by violations in the country is vital to comprehending the readiness of those in power to turn to disappearances to subdue people under their control. Part III scrutinizes the various methods the Sri Lankan government has constructed to address disappearances. Part IV concludes with recommendations for improving the governmental methods used in Sri Lanka to combat disappearances and to provide justice to those whose fates remain a mystery….
CONCLUSION
What we are doing is trying to give a voice to the voiceless, so that their stories can come out.289
Though the Sri Lankan government has taken small steps to tackle the disappearance epidemic plaguing the nation, the government has not ensured the strength and efficacy of such institutions in the long term.290 Legitimate and comprehensive commissions of inquiry into past abuses under former regimes must coexist with those investigating and exposing present abuses. The Presidential Commissions exposed crimes from the past within a specified, politically determined time period. The Board of Investigation for Jaffna, which focused only on 1996, revealed the continuing problems plaguing the security forces, but also only on a limited scale. The Human Rights Commission and the Attorney General’s office, with its unenforceable mandates, provides ineffective remedies and prevention strategies for combating disappearances.
The need for effective prevention, investigation, and judicial strategies to bring perpetrators to justice remains crucial to curbing the disappearance phenomenon. As the LTTE transforms into a political organization through the peace process, the need for justice and reconciliation remains vital.291 Only by ingraining notions of accountability and providing justice for victims in Sri Lanka will the cycle of disappearances finally end.