Memory, Mourning and the Long Struggle for Justice
Sixteen years after the end of Sri Lanka’s civil war, Tamil survivors and families of the disappeared are still fighting for one of the fundamental human rights: the right to mourn. Every May 18, Mullivaikkal Day serves as both an act of remembrance and a form of resistance, a call to honour those who perished and to demand justice for those who vanished without a trace. Yet, public commemoration remains heavily policed. Surveillance, intimidation, and arrests persist, reflecting a deeper unwillingness to reckon with the state’s violent past.
In early 2009, over 300,000 Tamil civilians were trapped between retreating Liberation Tigers of Tamil Eelam (LTTE) forces and advancing Sri Lankan troops. Sheltering in designated “No Fire Zones,” civilians endured relentless shelling, starvation and deprivation by armed forces. Hospitals and humanitarian facilities were bombarded, while civilians were used as human shields, with firing on those attempting to flee. After the defeat of the LTTE, government forces executed or forcibly disappeared LTTE fighters and suspected civilian supporters. The United Nations Secretary-General’s Panel of Experts later concluded that up to 40,000 civilians may have been killed in the final months alone, though later investigations and survivor testimonies suggest the figure could be far higher, with up to 70,000 were killed. Families were separated in the chaos; many who surrendered disappeared. Their bodies have never been recovered.
It is crucial to note that the Sri Lankan government has failed to publicly recognise May 18, Mullivaikkal Day, as a day of remembrance for Tamil civilians. Despite opportunities for reform, President Dissanayake has not committed to protecting commemorative events, nor has his administration issued any directives ensuring non-interference by security forces. In the absence of state recognition, public remembrance remains risky, and accountability and reconciliation remains purely rhetorical. If this government is to be taken seriously on reconciliation, it must go further by:
– Truth-seeking mechanisms must be independent and inclusive, with international oversight.
-Land return must be accelerated and monitored transparently.
-Repressive laws like the PTA must be repealed.
-Above all, Tamil communities must be allowed to mourn not as a political concession, but as a basic right in the quest for truth, justice, and accountability.
In this context, sustained action is urgently needed across all levels, from the United Nations and international governments to individuals and civil society.
The New Government and the Politics of Remembrance in 2025
In September 2024, Anura Kumara Dissanayake was elected President of Sri Lanka. As the leader of the left-leaning National People’s Power (NPP) coalition, Dissanayake’s victory was seen as a departure from the traditional political elite. In the NPP manifesto, Dissanayake pledged to address several long-standing human rights issues, ensuring civil rights for people in all parts of the country, repealing the draconian Prevention of Terrorism Act (PTA) and removing abusive provisions of the Online Safety Act. While ‘moment of change’ is expected from this new administration, the government has so far been cautious in addressing wartime accountability. PTA is under use despite promises made to address that. There have been no new initiatives to investigate alleged human rights violations during the final phase of the civil war. Moreover, no new mechanisms such as special courts or major law reforms have been introduced. Furthermore, the government’s stance in previous years indicates it will not cooperate with any international tribunal or hybrid mechanism, citing concerns over sovereignty and external interference. Hence all eyes are on upcoming UN Geneva sessions to see this new government’s outlook in the international arena.
Ground Reality: Military Presence and Restrictions
As Mullivaikkal Remembrance Day 2025 approaches, the military presence in the Northern and Eastern provinces remains substantial. While no nationwide bans on commemorations have been announced so far, we expect that, as usual, authorities will discourage public gatherings as the day nears. In previous years, individuals distributing kanji—a rice porridge symbolising survival during the war’s final months were arrested. Although such arrests have not been reported in 2025 so far, the lack of explicit government protection for memorialisation efforts and precedent set by court orders in previous years leaves room for local intimidation and legal harassment.
For Tamil communities, the act of remembrance is not only about honouring the past but also asserting their identity and demanding justice. As survivors’ age and memories may fade, and the state attempts to enforce collective amnesia about Mullivaikal, commemorating events like Mullivaikkal becomes more urgent. The political space to speak openly about what happened remains narrow. The tension between a new president eager to rebuild international credibility and a security apparatus deeply invested in its wartime legacy continues to shape the boundaries of expression, widening the gap that must be bridged for national healing and transitional justice. Unless President Dissanayake moves decisively to protect the rights of all communities to commemorate without fear, his reformist rhetoric will ring hollow to those who lost everything in May 2009.
Calls to Action: Restoring Memory, Demanding Justice
Government of Sri Lanka
The Sri Lankan government must uphold its international legal commitments, including under the International Convention for the Protection of All Persons from Enforced Disappearance. This includes repealing the Prevention of Terrorism Act (PTA), halting the surveillance of Tamil communities, and protecting the right to public commemoration. The government of Sri Lanka must adhere to international practices and UN resolutions to ensure meaningful victim participation and independent investigatory powers in pursuit of truth and justice, or risk replicating past failures. Above all, the government must acknowledge May 18 as a day of national mourning and allow Tamil families to grieve without fear as their fundamental right. The ban on serving kanji must be lifted.
UN
The SLC is working with the United Nations Human Rights Council in Geneva. SLC and partner organisations advocating for the renewal of OSLAP.and sufficient resources for its mandate. Launched by the Office of the High Commissioner for Human Rights (OHCHR), this independent mechanism has provided a critical space for documenting violations, particularly enforced disappearances. According to the UN report on disappearances, preserving memory and uncovering the truth are not optional gestures — they are international legal obligations. The right to know what happened to loved ones is enshrined in customary international law and must be fulfilled through serious, sustained mechanisms like OSLAP. SLC believes that its continuation is vital, not only to support future prosecutions but to ensure that not only the stories of victims are never erased and to uphold survivors’ and families’ trust in international accountability and justice processes.
UK and Core Group States
SLC believes that the United Kingdom, as a leading member of the Sri Lanka Core Group, must act decisively. SLC welcomes the UK’s adoption of targeted sanctions under its Global Human Rights sanctions regime, on four Sri Lankan individuals for alleged human rights violations during the final stages of the civil war, following the example of the US and Canada. The sanctions include travel bans, international isolation and asset freezes of individuals accused of serious human rights violations. SLC also believes that individuals credibly accused of war crimes, including former President Gotabaya Rajapaksa, should be held accountable through the same. Beyond sanctions, the UK and its partners must defend the right to memorialisation. They must not allow Mullivaikkal to be politically erased. OSLAP’s renewal and expansion should be a diplomatic priority, to honour victims and to reaffirm a global commitment to justice.
Individuals and Civil Society
Across the world, people like you have a role to play. At SLC we believe that you can do that by supporting victim-led initiatives, elevating survivor’ voices, and by calling for truth in spaces where denial thrives. Educate yourself with our carefully gathered resources. Whether you are lighting a candle, sharing a testimony, or lobbying your elected representative (MPs), your action matters, so stand in solidarity with Tamil activists and local organisations.
A hope for a Change
Therefore, Sixteen years on, remembrance itself remains contested. The Sri Lankan government formally marks May 19 as “Remembrance Day“, celebrating the defeat of the LTTE with military parades and nationalist rhetoric. Meanwhile, Tamil families mourning their dead face surveillance, harassment, and even arrest. In Sri Lanka today, the right to mourn is not guaranteed, it is a quiet act of resistance. However, we hope that the new government will mark a meaningful shift. Because Mullivaikkal is not just a chapter in history, it remains a living struggle against forgetting. So let us honour the disappeared not with silence, but through solidarity, remembrance, and truth.
Let us honour truth, accountability, and justice for all!