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Transitional Justice in Sri Lanka

A newly-elected government in Sri Lanka announced a series of initiatives to address the violence that occurred in the country’s 26-year civil war. The government has promised to establish a truth commission, a criminal tribunal to prosecute perpetrators of atrocities, and an office for missing persons; to institute security sector reforms; and to provide reparations to victims. Justice is needed. As many as 100,000 people were killed during Sri Lanka’s civil war, during which the Liberation Tigers of Tamil Eelam (LTTE or Tamil Tigers) fought against government forces for an independent state for ethnic Tamils who historically suffered from discrimination by the majority Sinhalese. Both sides allegedly committed war crimes and crimes against humanity, including murdering civilians, summary executions, and enforced disappearances. The conflict ended in 2009, when the Sri Lankan military defeated the Tamil Tigers after a major offensive marked by heavy civilian casualties.

In the spring of 2016, while the Sri Lankan government worked to establish transitional justice mechanisms, the clinic partnered with the Centre for Policy Alternatives (CPA) on a project aimed at ensuring that the country’s transitional justice mechanisms are responsive to the needs of victims. Clinic students prepared a legal memorandum regarding comparative security sector initiatives in transitional justice contexts. This analysis explained the vetting process and its “specific aim of transforming institutions involved in serious abuses during the conflict into public bodies that enjoy civic trust and protect human rights.” It also analyzed best practices and presented case studies relevant to the Sri Lankan context on the topic. The students’ work will be used by CPA in discussions with victim communities and civil society groups as part of its initiatives as the leading Sri Lankan civil society organization promoting transitional justice in the country.