The Shadows Of War
Such commissions have largely served the interests of governments to take cover behind international and domestic criticisms of flagrant human rights violations, adds the 42-year-old who authored a report, “Post-War Justice in Sri Lanka: Rule of Law, the Criminal Justice System and Commissions of Inquiry,” released by the Geneva-based International Commission of Jurists (ICJ). The Sri Lankan conflict involving the secessionist Tamil Tigers saw over 70,000 people killed. The United Nations estimates that 7,000 civilians died during the final months of the battle, which ended in May last year. An equally disturbing number of victims were documented in another conflict in the battle-scarred island, which was waged in the late 1980s and involved the state and youth from the majority Sinhalese community. An estimated 40,000 Sinhalese youth ‘disappeared’ during that Marxist uprising to overthrow the government. “The lack of state accountability for human rights violations in Sri Lanka crosses ethnic divides and all governments and parties,” the 175-page ICJ report reveals. “Neither the regular criminal justice system nor commissions of inquiry have been able to satisfy the state’s obligation to its citizens.” The issues of justice have not been limited to the country’s Tamil and Muslim minority, says Pinto-Jayawardena, who is also an award-winning newspaper columnist. “It is a concern for the Sinhalese majority, too.” What is urgently needed, she argues, is a reform of the judicial system, since it has been ineffective to investigate and prosecute perpetrators of human rights violations, ranging from rape, torture, killings to disappearances since 1977.