The Sri Lankan government announced on Friday the establishment of an independent Commission for Truth, Unity and Reconciliation. The commission, introduced through an act in Sri Lanka’s Parliament, is purposed to guarantee an inclusive process in developing legislation that fortifies and protects national unity through truth, transitional justice, reconciliation, reparation, and social cohesion.
The new entity shall also aim to deter any conflict among various ethnic factions within the country, such as the Tamils who have been subject to a spate of arrests in the wake of commemorations for fallen Tamil separatist soldiers. A temporary Secretariat for the Truth and Reconciliation Mechanism has been created, pending the establishment of the main commission, following the appointment of a sub-committee by Parliament to supervise the matter in October 2022.
Internationally, groups including the UN Human Rights Council and Human Rights Watch (HRW) have voiced criticisms against Sri Lanka in the past for breaching human rights standards. The Sri Lankan government’s plans for the commission faced “grave reservations” by a consortium of human rights organizations in September. This echoed a 2021 report from the UN, which warned that Sri Lanka’s inability to address past violations significantly raised the likelihood of repeat offences.
The Sri Lankan government’s 2011 report established that the Sri Lankan military did not knowingly target civilians, but the rebel Liberation Tigers of Tamil Eelam (LTTE) contravened international humanitarian law persistently. This report failed to address any of the purported war crimes from the 26-year civil war. Even today, the government still targets activists and campaigners from the ethnic Tamil minority, as outlined in a recent HRW report, which cataloged the abuse suffered by relatives of the Tamils who “disappeared” during the civil war.
Any challenges to the act establishing the commission must be brought before the Supreme Court of Sri Lanka within 14 days of being placed on the order paper before the Parliament. The proposed act is still in the drafting phase and has yet to face any formal challenge.