A new policy brief by Asser researcher Dr. Niki Siampakou explores the case of post-war Sri Lanka, where transitional justice mechanisms have failed to address crimes committed by terrorist groups, among other actors. Upon close inspection, the reasoning lies not in the inherent capacity of transitional justice tools, but rather in the unique context of Sri Lanka. The country currently lacks the required conditions for transitional justice to succeed.
It has been fifteen years since the 26-year civil war (1983-2009) ended in Sri Lanka, in which the Liberation Tigers of Tamil Eelam (LTTE) was defeated by the government. Since then, the country has been struggling to address violations and deliver justice to victims of the war.
There are some notions of transitional justice, but the results are severely inadequate. Memorial initiatives have often resulted in arrests, arbitrary detentions and skewed interpretations of the Tamil community. There has been a multiplication of truth-seeking mechanisms while disregarding the needs of victims. The Prevention of Terrorism Act (PTA) has continuously been misused by authorities, but the newly proposed Counter Terrorism Bill also fails to meet international human rights standards. The current approach impends the analysis of the root causes, perpetuates stigma and power relations, and blocks conversations on conflict resolution while repressing activists and civil society actors.
Transitional justice
The United Nations (UN) defines transitional justice as ‘the full range of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.’ Its four pillars are justice, truth, reparation and guarantees of non-recurrence.
Transitional justice tools have produced favourable results in several places dealing with terroristic violence, including Northern Ireland, the Basque country, and Colombia. Since the mechanisms have been used in many contexts, following dictatorships, conflicts, and the consolidation of democratic societies, they are characterised by their flexibility.
Therefore, the current failure to deliver justice in Sri Lanka is not due to the inherent incapacity of transitional justice mechanisms, but rather the absence of certain required conditions. This policy brief identifies four necessary conditions for the application and success of transitional justice in a post-war and post-terroristic violence context: 1) a holistic approach where trials, truth-seeking initiatives, reparation programmes, and non-recurrence measures complement each other; 2) victims’ trust in the process through consultations and engagement with the communities; 3) independent and impartial mechanisms’ 4) political will and government engagement. All four conditions are missing in Sri Lanka.
A new approach to transitional justice in Sri Lanka
Following her analysis, Siampakou proposes several recommendations that can contribute to successful transitional justice mechanisms in Sri Lanka. The first is adopting a holistic transitional justice process, which will include truth-seeking initiatives, prosecutions, reparations, and guarantees of non-recurrence; they should complement each other and guarantee victims’ inclusion.
The second is conducting an in-depth examination and analysis of the situation before the rise of terrorism and the beginning of the civil war and the grievances that led to it. This helps avoid simplified narratives and the perpetuation of stereotypes and biases regarding minorities and vulnerable groups.
The third is to suspend the establishment of the new Commission for Truth, Unity and Reconciliation as well as review the reports of the past truth commissions and implement their key recommendations. Finally, she recommends repealling the PTA, and amending the new Counter Terrorism Bill in accordance with international human rights law while ensuring that any new counter-terrorism legislation meets international due process and fair trial standards.
Read the full policy brief here to see all the recommendations and the current context of Sri Lanka.
About Dr. Niki Siampakou:
Niki is a joint research fellow at the International Centre for Counter-Terrorism (ICCT) and the Asser Institute. At Asser, she is part of the research strand ‘In the public interest: accountability of the state and the prosecution of crimes’. Her work focuses on the appropriate legal responses against violent extremism and terrorism, with a particular focus on (inter)national criminal justice and human rights considerations.
Read more
[Interview] Niki Siampakou: ‘Victims could be important actors in counter-terrorism efforts’
In this interview, researcher Dr. Niki Siampakou discusses her areas of expertise, including transitional justice and victims of terrorism. She hopes to raise awareness about victims’ rights, which should be accounted for in counter-terrorism policies. Read more.
