Human Rights Watch (HRW) criticized Sri Lanka’s government on Monday for a new legislation set to address wartime abuses, arguing that it bears a striking resemblance to previous failed attempts and falls short of meeting international legal obligations. The proposed Commission for Truth, Unity and Reconciliation in Sri Lanka Bill, introduced on January 1, 2024, is designed to produce a ‘truthful record’ of violations that occurred during the civil war and to make recommendations on reparations.
However, this bill is met with apprehension as HRW argues that it appears to work more towards deflecting international pressure on accountability for atrocity crimes, rather than providing justice and redress. Concerns were raised as the bill overlooks widespread abuses committed during the Janatha Vimukthi Peramuna (JVP) uprising of 1988-1990, raising questions on its effectiveness.
A significant weakness pointed out by HRW lies in its enforcement. Despite the new commission’s intended mandate, authorities who are supposed to oversee further investigations and necessary actions have already been mandated to manage such cases, yet they continually fail to do so. This brings to light the frustration of many victims who have expressed ‘commission fatigue’, testifying repeatedly without witnessing tangible outcomes for their efforts.
Sri Lanka’s history of creating commissions such as these, with at least 10 established since the 90s further dampens the faith in the national framework. Successive governments have been accused of blocking investigations and delaying trials, while numerous organizations advocate for action based on previous commissions’ work. Some skeptics view this proposed commission simply as an attempt to persuade the UN Human Rights Council (OHCHR) to end its scrutiny of Sri Lanka.
This parallels the unsuccessful nature of the 2010-2011 Lessons Learnt and Reconciliation Commission, which, according to HRW, failed to achieve its objectives. Subsequently, OHCHR passed resolutions from 2015 to 2020 advancing a ‘hybrid’ justice mechanism. However, the 2021 rejection of this process by the new government, led to the establishment of an international evidence-gathering project.
HRW has been vocal in its call to concerned governments to withhold funding and endorsement for this commission, emphasizing the need to outline renewed and enhanced OHCHR mandates that would address not just past crimes, but also ongoing abuses. Regardless of its proposed intent, Sri Lanka’s new commission faces severe criticism for falling short on its promises to address wartime abuses, reflecting the overall challenges of upholding humanitarian law amid conflicts.