Historical Consciousness and Transitional Justice in Post-War Sri Lanka

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Nirmal Dewasiri

AbstractHistorical consciousness is a decisive factor in Sri Lanka with regards to the relationships between Sinhala and Tamil ethnic communities. It functioned as a great divide between these two communities. It was also used as a “charter of right” in order to impose one community’s claim on the other. This has become increasingly problematic in the post-war context after the violent hostilities between the Sri Lankan state and Tamil insurgents ended in 2009. Sinhala-Buddhists, who were politically dominant and identify themselves as the legitimate possessor of the island, desire to consolidate their dominance in the Tamil North and reckon historical knowledge as an effective tool for that end. The historical narrative that Sinhala Buddhists endorsed beginning in the early 20th century proved to be insufficient in countering the rising power of a Tamil counter narrative. Attempts have been made since the mid-1980s to produce a new historical narrative that is capable of challenging Tamil political claims. Although this effort was not fully successful, partial success was achieved during and after the war between the Sinhala dominated state and Tamil insurgents. The new historical consciousness that emerged out of this process proved to be extremely problematic in the context of the growing need for transitional justice for the war-affected Tamils in the North.

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.


2020 ◽  
Author(s):  
Н.Ф. Бугай

В статье на основе исследований российских ученых, архивных документов, воспоминаний рассматривается слабо изученная в отечественной историографии проблема участия представителей этнических меньшинств в битвах за Кавказ и Крым в ходе Великой Отечественной войны. В качестве примера автором избраны этнические общности курдов и корейцев. Использованы историко-генетический, историко-биографический и системно-исторический методы. Изучены меры советского командования по формированию национальных воинских подразделений; реконструированы биографии героев войны – корейцев и курдов, участвовавших в освобождении Юга России и получивших боевые награды; прослежена их послевоенная судьба; рассмотрены репрессивные действия советского правительства по отношению к военнослужащим некоторых национальностей. Автор заключает, что представители разных народов СССР, столкнувшись с врагом, проявили стремление к единству и добровольное желание выступить на защиту государства, которое они избрали своей Родиной. The aim of the article is to reconstruct the biographies of participants in the Great Patriotic War (1941–1945), who belonged to ethnic minorities and fought for the liberation of the Caucasus and Crimea from Nazi invaders. As an example, the author selected ethnic communities of Kurds and Koreans. The study was conducted on the basis of research by Russian scholars, archival documents, and memoirs of direct participants in the events. The historical-genetic, historical-biographical and system-historical methods were used. The measures of the Soviet command for the formation of national military units were studied, the biographies of war heroes, Koreans and Kurds who participated in the liberation of the South of Russia and received military awards (including the title Hero of the Soviet Union) were reconstructed. The author describes in detail the military clashes during which these fighters showed military prowess, presents their photographs, and traces their further military path, post-war fate and forms of their memory perpetuation. Quotations from the war veterans’ front-line letters and their relatives’ memoirs are given. The repressive actions of the Soviet government towards the military personnel of certain nationalities, who after the demobilization received the status of “special settlers” and lost their military tickets and award sheets, are also considered. The author emphasizes that the fight against the enemy was a test of strength for the unity of the peoples living in the Caucasus and Crimea. Examples of civic solidarity in the fight against the enemy shown by ethnic minorities in the early days of the war (mass enrollment in volunteers, holding civil rallies) are given. It is noted that representatives of local ethnic communities became the basis of 12 military units that were at the forefront of the defenders of the Caucasus. The paradoxical nature of the situation in which USSR citizens were repressed for various (often far-fetched) reasons is stated; however, during the war they still heroically fought against Nazism with arms in their hands. The author connects the repressions against members of the ethnic minorities with the ethnosocial policy pursued by the Soviet state, as well as the spread of desertion and draft evasion in the North Caucasus and Crimea. It is concluded that representatives of ethnic minorities living in the USSR, faced with the enemy, showed a desire for unity and a voluntary desire to defend the state, which they chose as their homeland.


2019 ◽  
Vol 11 (2) ◽  
pp. 185-193
Author(s):  
Vipula Wanigasekera

Purpose Cross-cultural differences must be taken into consideration for tourism development. The purpose of this study is to shed light on the importance of cross-cultural differences in a location which is emerging from a dark period after a prolonged war caused by ethnic differences. Design/methodology/approach While the existing tourism models deal with the impact of cross-cultural differences, it is difficult to apply them in certain situations, such as postwar Sri Lanka. The study therefore adopted an inductive, qualitative approach where information has been obtained from all stakeholders. Findings The conflict in Sri Lanka in the North and East has been interpreted differently by many individual stakeholder groups. This study reveals how economic development can bring communities together. The project elaborated in this study represents an investment of over US$6m. Given that the location of Jaffna was a focal point of the 26-year long civil war from 1983 to 2009, the risk of failure would have been extremely high. Originality/value The study ascertained qualitative perceptions from a cross-section of perspectives: the investor, local residents and employees. The project is shown to be a viable example of how to address socio cultural differences in the creation of a profitable venture.


2021 ◽  
Author(s):  
Sandra Penić ◽  
Daniel Dukes ◽  
Guy Elcheroth ◽  
Sumedha Jayakody ◽  
David Sander

AbstractIn countries emerging from civil war, inclusive empathy is important for conflict resolution yet may be difficult to promote. Widening the predominant focus on personal inclusive empathy for conflict resolution, we examine whether support for transitional justice mechanisms (TJ) can be predicted by how much an individual perceives inclusive empathy as being shared in their local communities. Our results, based on a probability sample survey in post-war Sri Lanka (N = 580), reveal that the effects of this perceived communal inclusive empathy can be distinguished from those of personally experienced inclusive empathy, and that the more respondents perceive inclusive empathy as prevalent in their communities, the more they support TJ mechanisms. However, the results also indicate the contextual limits of perceived communal inclusive empathy as a resource for conflict resolution: participants tend to underestimate the prevalence of inclusive empathy, especially in militarized minority communities, and the more they underestimate it, the less they support TJ mechanisms. This study corroborates the importance of social influence in conflict resolution, suggesting that perception of inclusive empathy as shared in one’s community is a key determinant of popular support for conflict-transforming policies.


2022 ◽  
Vol 27 ◽  
pp. 665-679
Author(s):  
Aruna Jayathilaka ◽  
Thisiri Medagama ◽  
Udeshini Panadare ◽  
Prawardhani Menike

The Role of National Language is endorsed in different contexts and it has triggered an inspirited debate within the Sri Lankan political history when its discriminatory nature policies marked a triumph of linguist nationalism. The recognition of the Sinhala language as the only National Language in Sri Lanka and its dominance, drifted both communities apart causing frustration and tension among ethnic groups, which have ultimately culminated in ethnic strife that lasted almost three decades. National Languages, hence wield as a sociopolitical tool that demands a balance among languages, recognition, and policies. Similarly, Sri Lanka, in its path to reconciliation also demands a balance among National Languages, policies, and its recognition among the communities. This study thus explores the Role of National Language in promoting social cohesion and coexistence among ethnic groups to achieve anticipated “Reconciliation” within Sri Lankan social fabric.  The paper draws upon a mixed approach employing qualitative methods, including in-depth interviews. Data were gathered from interviewing 20 undergraduates from the Faculty of Social Sciences and Languages at the Sabaragamuwa University of Sri Lanka. Data were coded and analyzed using thematic analysis.   Findings revealed that the recognition of National languages in their due status will make a huge impact on fostering reconciliation within Sri Lankan Society. It is further not to be confused with the Link Language as a National Language since its duty in social integration is relatively limited in the cases where the understanding of cultural, traditional, and historical attributes of an ethnic community is more pronounced especially in grappling with attitudinal problems inherited within ethnic communities.


2019 ◽  
Vol 9 (3) ◽  
pp. 211-223
Author(s):  
Mohammad Agus Yusoff ◽  
Athambawa Sarjoon

Abstract Sri Lankan military forces and government authorities have succeeded to counter measure terrorism by defeating the Liberation Tigers of Tamil Eelam (LTTE). However, their initiatives and efforts to restore peace and harmony among different ethno-religious groups in the post-war context are highly complex. The additional space given to the reemergence of radical religious groups has negatively influenced the process of fostering religious tolerance and harmony, which have been maintained for centuries in the country. Ethno-religious minorities became the major targets of religious hatred and violent attacks. At both the societal and political platforms, majoritarian religious sentiments and discourse have established a dominant presence in opposing the existence and practice of the religious fundamentals of minorities. This study has attempted to investigate the nature and impact of majoritarian religious violence in post-war Sri Lanka, as well as the efforts made by the government authorities to control them in order to foster religious tolerance and harmony in the country. This study argues that religious violence under the shadow of religious nationalism has been promoted by many forces as a mechanism by which to consolidate a majoritarian ethno-religious hegemony in the absence of competing ethnic-groups context in post-war Sri Lanka. In many ways, state apparatuses have failed to control religious violence, maintain religious tolerance and inter-religious harmony, particularly of accommodating minorities in nature. The study concludes that the continuous promotion of majoritarian religious hegemony through anti-minority religious hatred and violence would further promote religious intolerance and radicalism challenging the establishment of religious harmony in the country.


2016 ◽  
Vol 55 (1) ◽  
pp. 1-12
Author(s):  
Jehan Perera

For the past three decades Sri Lanka was stalemated between governments that were not prepared to devolve power to the Tamil majority provinces and a Tamil militant movement that wanted a separate country. In February 2002, the Sri Lankan government and LTTE signed a ceasefire agreement under Norwegian government auspices that appeared to offer the real prospect of a final end to violence as a means of conflict resolution. The ceasefire between the government and the LTTE held for nearly four years despite significant problems affecting the peace process, problems that led to the LTTE’s withdrawal from the peace talks. However, the ceasefire collapsed in early 2006 with a series of ambushes of government soldiers by the LTTE, eventually leading to counter measures and counter attacks by the forces of the government, measures in which the government wrested back control of territory placed under the control of the LTTE by the terms agreed upon by the Ceasefire Agreement. Today Sri Lanka is a country that continues to be deeply divided on lines of ethnicity, religion and politics. Horizontal inequalities, defined as severe inequalities in economic and political resources between culturally defined groups, were undoubtedly a contributing factor for the perpetuation of Sri Lanka’s long-running conflict. No sooner it won the war, the government asserted economic development to be the main engine of reconciliation.


2021 ◽  
Author(s):  
◽  
Anushka Perinpanayagam

<p>Since the island nation of Sri Lanka attained independence in 1948, it has experienced periods of civil unrest marked by riots and government implemented curfews. In the mid-1980s this agitation erupted into civil war between two parties: the Liberation Tigers of Tamil Eelam (LTTE) and the Sri Lankan government. Each is associated with a different ethnic group and a very particular nationalist rhetoric. Kristian Stokke and Anne Kirsti Ryntveit, "The Struggle For Tamil Eelam in Sri Lanka,”Growth and Change 31 (2000): 285. The LTTE, a group of militant separatists, claims to represent the Tamil population of the north and east, while the Sri Lankan government is mostly comprised of politicians belonging to the island's ethnic majority - the Sinhalese. Serena Tennekoon, "Newspaper Nationalism: Sinhala Identity as Historical Discourse," in Sri Lanka: History and the Roots of Conflict, ed. Jonathon Spencer (London: Routledge, 1990), 205.</p>


2018 ◽  
Vol 11 (3) ◽  
pp. 17
Author(s):  
Mohammad Agus Yusoff ◽  
Athambawa Sarjoon ◽  
Zawiyah Mohd Zain

The traditional Muslim politics in Sri Lanka transformed with the formation of Sri Lanka Muslim Congress (SLMC) and its active communal politics under its founder-leader, M.H.M.Ashraff. While representing the interests of the Muslim community, particularly those living in the north-eastern region, SLMC through its politics of bargaining and consensus voiced and advocated for the interests, rights and privileges of the Muslim community as well as contributed to their socio-economic and cultural upliftment at the crossroad of ethnic conflict and civil war. Although SLMC received popular mandate from the Muslim community, the party fell into fragmentation with the unexpected demise of its founder-leader in 2000, and splits were instigated shortly. This fragmentation caused a severe effect in the distinct path of Muslim politics in Sri Lanka. This study examines the fragmented nature and the trends of Muslim politics, particularly the politics of SLMC in post-Ashraff era and their impact. This study reveals that the fragmentation within SLMC caused leadership crisis and emergence of many Muslim political parties that promoted ugly politics of opportunism. This trend ultimately reduced the bargaining strength of Muslim politics, negatively influenced representative politics, leading to the negligence and marginalisation of Muslims’ concerns and grievances in national politics. The leadership crisis and regionalism also negatively influenced the politics of SLMC and other Muslim parties in post-Ashraff era. This study also finds that unifying splinter-groups, reforming party structure and procedures, and redefining goals and path of achieving them would not only strengthen the politics of SLMC and other Muslim political parties but also would give a new brand for Muslim minority politics in Sri Lanka.


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