Abhinav is a member of the War Studies Department at King’s College, London. He wrote this piece as part of her internship with Arts4Refugees. His motivation was to help his peer group understand the unique experiences of post-conflict communities. This article was edited by Cassia Jefferson, a fellow student journalist from Oxford University. Bernadett from Swinburne University interviewed Abhinav for the podcast.
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Healing the Scars of Betrayal and Blood: Rebuilding and Undoing the Civil War in Sri Lanka
The violent confrontation between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) from 1983 has persisted for close to three decades, constituting one of the most protracted and enduring internal armed conflicts in Asia. Popularly recognized as the Tamil Tigers, the LTTE aspired to establish an autonomous homeland for the Tamil ethnic minority inhabiting the island. In the wake of an intense and protracted military campaign, the Sri Lankan government officially proclaimed, as reported by the New York Times, its “triumph” over the separatist faction in May 2009, simultaneously resulting in the demise of Vellupillai Prabhakaran, the LTTE's paramount leader. The United Nations reported that at the end of the conflict in 2009, over 80,000-100,000 people had been killed, 450,000 had been displaced and 160,000 houses had been destroyed or damaged. With communities torn apart and the people disillusioned by the horrors of war, how has Sri Lanka coped with this tragedy?
Rebuilding and Reconstruction:
Many people sought to rebuild their lives after losing family members and having their houses destroyed with no proper means of livelihood. There was an urgent need for an accelerated programme that would provide the affected people with permanent homes and vital infrastructure facilities, to help them move away from poverty and place the uncertainties of the conflict behind them. While the Sri Lankan government focused on major infrastructure such as road networks, railways, and irrigation systems, there was also a clear need for investment in community facilities.
The Post-Conflict Reconstruction Programme in Sri Lanka's Northern and Eastern Provinces, implemented by UN-Habitat, provided numerous opportunities as well as challenges.The UN-Habitat implemented Sri Lanka’s post-conflict housing and infrastructure reconstruction programme in six districts - Mannat, Mullaitivu, Kilinochchi, Jaffna and Vavuniya in the Northern Province and Batticaloa in the Eastern Province. It proved to be a testing ground for many new strategies and technologies. The programme was highly successful, enabling the reconstruction of 31,350 homes and 520 infrastructure facilities, and bringing fractured communities closer together.
Among the programme’s important long-term consequences was the introduction of fundamental social and humanitarian concepts such as equal opportunities, gender sensitivity, child-friendliness, facilitation for differently abled persons, and a rights-based approach.
Amidst the fragile state of tension between the government and the Tamil population, which had been historically neglected since the country's independence, it became clear the government needed to step up and prioritise the provision of much-needed relief to their own people. The government has made significant strides in the reconstruction and advancement of the socio-economic sectors in regions affected by the conflict. Following the cessation of hostilities, a substantial number of Tamil civilians, totaling approximately 285,000, were held in resettlement camps. Concurrently, the administration, led by Mahinda Rajapaksa, instituted a Presidential task force focused on resettlement, development, and security within the Northern Province, an area severely devastated by the majority of the combat. A 'Lessons Learnt and Reconciliation Commission' (LLRC) was established to investigate the final stages of the war and formulate recommendations to facilitate healing and peacebuilding. Significantly, the government allocated 2.25 billion USD toward the development of the Northern Province under the 'Uthuru Wasanthaya' initiative. Immediate humanitarian assistance was extended to internally displaced persons (IDPs), including former combatants associated with the LTTE. The successful reintegration of ex-LTTE fighters into society stood as a fundamental objective within Sri Lanka's comprehensive rehabilitation and reintegration program. Furthermore, the reestablishment of the Human Rights Commission (HRC) aimed to provide an avenue for conflict-affected civilians to voice concerns and articulate their needs in the post-war period.
Challenges to Reconstruction:
The foremost concern was the lack of clarity around the constitutional provision for power sharing in Sri Lanka. In October 2020, the Sri Lanka government (SLPP) introduced the 20th Amendment to the Constitution, which effectively reversed many of the reforms implemented by the previous government (NUG) through the 19th Amendment. These reforms had aimed to curtail presidential powers by strengthening independent commissions such as the Human Rights Commission, Election Commission, and Public Service Commission. Previously, a Constitutional Council had been appointed to oversee these independent commissions.
However, the 20th Amendment eliminated the checks and balances on executive decisions by granting sweeping powers to the President, particularly in the appointment of crucial commissions and institutions [3]. Additionally, the SLPP government intends to present a new Constitution this year drafted by an expert committee established in September 2020. However, there is limited information available regarding the specific changes the government is proposing. Referring to the Sri Lankan government's plans to set up a Truth Commission to probe allegations of war crimes and grave human rights violations during the country's civil war, UN Deputy High Commissioner for Human Rights Nada Al-Nashif noted that Sri Lanka has "witnessed too many ad hoc commissions" in the past which failed to ensure accountability.
The second concern revolves around the appointment of hardline Sinhala leaders and individuals accused of war crimes to influential positions, which poses a significant obstacle to addressing issues of post-war accountability and transitional justice in Sri Lanka. For instance, the establishment of the Presidential Task Force on "One Country and One Law" generated controversy due to concerns regarding its potential negative impact on the nation’s diverse society. In response to domestic and international criticism, the government was compelled to revise the composition of the task force, subsequently incorporating members to represent women and the minority Tamil community.
The three-decade-long conflict in Sri Lanka resulted in a significant number of disappearances, with nearly one hundred thousand individuals from various religious and ethnic backgrounds reported missing since the 1980s. However, the families of missing persons are yet to receive justice [8]. Despite the establishment of the Office of Missing Persons (OMP) in 2017, little progress has been made on this issue.
The Road to Recovery:
Post-conflict reconstruction is inherently accompanied by substantial challenges. The involvement of external powers, harbouring historical grievances or sensing exclusion from the overarching decision-making process, has the potential to undermine the fragile peace efforts. Currently, the minority Tamils are experiencing a sense of marginalisation. It has therefore become imperative to devise measures for minority protection and/or enhanced autonomy arrangements to alleviate any feelings of aggrievement among the communities involved. An equitable distribution of burdens and benefits is essential to prevent a situation where one community perceives itself as shouldering the majority of the responsibility for peace, leading to a lack of motivation to sustain the entire process. The recurrence of civil wars in conflict zones often stems from the inadequate representation of certain groups or the preferential treatment of one group over another. Hence, successful post-conflict reconstruction necessitates a delicate balancing act.
The civil war in Sri Lanka resulted in the displacement of approximately one million Tamils, with half of them remaining within the country and the other half seeking refuge abroad. Consequently, Tamil diaspora communities can now be found on every continent. This diaspora has emerged as a principal source of financial support for the liberation struggle. Leveraging their economic influence and global reach, they have successfully propagated the ideological agenda of the Liberation Tigers of Tamil Eelam (LTTE) abroad. Through their financial contributions, they have provided sustenance to the insurgency within Sri Lanka. However, the diaspora community bears a moral obligation to redirect their remittances towards fostering peace and supporting endeavours related to the post-conflict reconstruction. By cutting off the financial lifeline, rebel leaders will find it arduous to mobilise sufficient resources to engage in civil war or disrupt the delicate peace process. This economic clampdown can also serve as a deterrent to any potential splinter groups associated with the LTTE, discouraging them from launching offensive actions when they perceive limited prospects for progress within the peace process.
While the most direct path to enabling popular participation in the democratic process lies in constitutional mechanisms, the mere presence of such guarantees remains insufficient without sustainable provisions. In this regard, the involvement of international agencies engaged in post-conflict reconstruction assumes great significance. These entities should tie their assistance programs to the promotion of democratic principles. A comprehensive engagement approach incorporating both incentives and disincentives is indispensable. However, while recognising this imperative, the proponents of the peace process contend that the transformation of the rebel Tigers from a ruthless terrorist army into a legitimate civilian administration will require a considerable amount of time.
The challenges associated with post-conflict reconstruction are intricate and demand meticulous attention. Balancing the interests of diverse communities and addressing historical grievances are crucial elements for sustainable peace. The Tamil diaspora, as influential stakeholders, can redirect their financial resources towards nurturing peace and reconstruction efforts. International agencies involved in post-conflict rebuilding must incentivize democratic practices through aid provisions. It is a gradual process to transform a once-violent rebel group into a legitimate civilian administration, requiring both perseverance and strategic engagement. By embracing these approaches, those involved can pave a path towards lasting peace and a stable society.
References:
Belfer Center for Science and International Affairs. “Creating Peace in Sri Lanka: The Civil War and Reconciliation.” Retrieved from https://www.belfercenter.org/publication/creating-peace-sri-lanka-civil-war-and-reconciliation
Colombo Telegraph. “A Study into the Challenges & Failures of Postwar Reconstruction in Sri Lanka.” Retrieved from https://www.colombotelegraph.com/index.php/a-study-into-the-challenges-failures-of-postwar-reconstruction-in-sri-lanka/
de Silva, K. M. “Post-LTTE Sri Lanka: The Challenge of Reconstruction and Reconciliation.” India Quarterly, 66(3), 237–250. Retrieved from http://www.jstor.org/stable/45073151
Harvard International Review. “Sri Lankan Civil War.” Retrieved from https://hir.harvard.edu/sri-lankan-civil-war/
Hashim, A. “Sri Lanka's Post-Conflict Reconstruction.” Modern Diplomacy. Retrieved from https://moderndiplomacy.eu/2021/07/13/sri-lankas-post-conflict-reconstruction/
Harrison, S. “Economic Rehabilitation in Post-Conflict Sri Lanka”. Third World Quarterly, 25(3), 559–579. doi:10.1080/0143659042000237274
Jayasuriya, K. “Tamils fear prison and torture in Sri Lanka 13 years after civil war ended”. The Guardian. Retrieved from https://www.theguardian.com/world/2022/mar/26/tamils-fear-prison-and-torture-in-sri-lanka-13-years-after-civil-war-ended
Mallempati, Samatha. “Sri Lanka’s Post War Reconciliation: Rising Concerns”. Indian Council of World Affairs. Retrieved from https://www.icwa.in/show_content.php?lang=1&level=3&ls_id=7063&lid=4791
UN-Habitat. “Good Practices and Lessons Learnt in Post-Conflict Reconstruction in Sri Lanka”. Retrieved from https://unhabitat.org/good-practices-and-lessons-learnt-in-post-conflict-reconstruction-in-sri-lanka