Transitional Justice in the Aftermath of the Sri Lankan Civil War
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Transitional Justice in the Aftermath of the Sri Lankan Civil War Ishwari Gupta Submitted in Partial Fulfillment of the Prerequisite for Honors in Political Science under the advisement of Christopher Candland May 2021 © 2021 Ishwari Gupta 2 Acknowledgements To have written a senior honors thesis amid a global pandemic would not have been possible without the love and support of many individuals. I'm greatly indebted to the following people, many of whom took the time out of their already hectic schedules to help support me during this process. First and foremost, I’m grateful to my thesis advisor, Professor Christopher Candland. His guidance and encouragement throughout my time at Wellesley has had an indelible impact on how I view international relations and politics, particularly of the South Asian subcontinent. From his feedback on my papers in office hours to his advice dispensed during our weekly Zoom meetings on my thesis chapter drafts, he has always empowered me to be a better student and, more importantly, a compassionate human being. I am also grateful to the additional members of my thesis committee, Professor Catia Confortini, Professor Nikhil Rao, and Professor Maneesh Arora. Professor Catia, thank you so much for providing such helpful feedback, particularly for the transitional justice-specific portions of this thesis. Your continued suggestions and encouragement made this thesis a stronger one. Professor Rao, your classes have inspired me to pursue my studies of the subcontinent further with this thesis. I appreciate the time and support you have given me to talk about my ideas and look over chapter drafts. Professor Arora, thank you so much for supporting me throughout my last two years at Wellesley – your perspectives on American politics have shaped how I view democracy and electoral politics in the United States, South Asia, and beyond. Kavindya Thennakoon and Sunthar Premakumar, thank you for connecting me with your contacts in Sri Lanka working in human rights advocacy and civil society, or those simply willing to talk with me about their experiences. I would also like to express my gratitude to those I interviewed; I refrain from naming them throughout this thesis to protect their privacy. Your candid and insightful perspectives on transitional justice in Sri Lanka furthered my understandings of conflict resolution in postcolonial and multiethnic societies and shed light on important issues that I tried to tackle in this thesis. You all have my utmost respect for the incredible work that you all do in your respective communities. I would be remiss not to thank Michael Kugelman for his mentorship during the latter stages of the thesis process. Observing and contributing to your work in the field has made me a better researcher, writer, and critical thinker for this thesis, making my internship experience with the Wilson Center all the more rewarding. I was also fortunate to have a large community of friends at Wellesley who provided crucial solidarity and support during this thesis process: Sanjana Kothary, thank you for always giving me a space to bounce off ideas, vent my academic and personal frustrations, and for inspiring me with your intellectual curiosity and vast knowledge of the subcontinent. 3 Tara Kuruvila, I’ve been so lucky to have you across the hall from me this past year. Thank you so much for being there for me whenever I needed a shoulder to laugh or cry on and being a lovely companion to go on Starbucks runs, “work” in the Freeman 2nd floor Common Room, and watch British panel shows. Aisha Saldanha and Shruti Samala, I was so fortunate to have both of you completing your theses alongside me for the majority of the second semester. Both of you have a dedication to your respective disciplines that I am in awe of; I look forward to reading your theses after the semester’s end! Emily Cheng, Katherine Chan, and the rest of the Freeman 2nd floor community: thank you for the love and friendship that have given me numerous moments of respite during this semester. I love you all! Samara Shaz and Sophie Dowdy, I am grateful for our shared commiseration in pursuing honors in the Political Science Department. Samara, I was especially supported by our weekly thesis writing sessions, and I’m so glad to have made a new friend during this process! To the Wellesley Association for South Asian Cultures (past and present members), thank you so much for providing a space for me to explore and celebrate my South Asian identity, both personally and regarding my academic work. And finally, Eric Lee, thank you for sparking the initial idea for this thesis and putting up with me long enough to oversee the whole thing completed to fruition. My family was also invaluable in making this thesis possible: Amma and Baba, without you both, this thesis would not exist. You two have championed my passion for history and politics from an early age and have enabled me to get to where I am today. Thank you for being my biggest supporters and confidantes throughout this whole process. I love you both so much. Gaya, thank you for being there for me whenever I needed; you’re the best little sister a girl could ask for! Deepa Ollapally, thank you for inspiring me as both my aunt and a brilliant scholar on South Asian security issues. I have benefited immensely from our conversations on U.S. foreign policy, the subcontinent's politics, and life at large, and I look forward to many more in the future. Christopher and Shalini Arumainayagam, thank you for treating me like a daughter of your own throughout my time as an undergraduate. I will forever be thankful to your family for helping me acclimate to Wellesley and will especially miss your homecooked meals in the future. And finally, this thesis is dedicated to all those affected by the Sri Lankan civil war. While no transitional justice measure can bring back those who lost their lives, I hope that this thesis 4 highlights the importance of delving deeper into what accountability, reconciliation, truth, justice, and democratization mean for different populations after the conflict. Note: the arguments expressed by this thesis do not represent the views or perspectives of the aforementioned individuals. 5 Content Note This thesis references the following topics: potentially graphic descriptions of violence, sexual abuse, extreme cruelty, hateful language against religious and ethnic groups, murder, terrorism, blood, and death. I want to acknowledge that many of the victims of the civil war, especially those who were ordinary civilians, never had the choice to opt out of any of the above. 6 Abstract This thesis seeks to answer the question, “Under what conditions would transitional justice mechanisms be used to address the grievances of the Sri Lankan civil war?” In analyzing literature produced by academia, prominent human rights advocates, and global governance organizations, I interrogate common frameworks of transitional justice, which view the practice as having multiple, mutually reinforcing goals, such as the pursuit of accountability, truth and reparation, the preservation of peace, and the building of democracy and the rule of law. Based on interviews with Sri Lankan civil society actors with experience on the ground, I argue that Sri Lanka’s current domestic and geopolitical realities renders this ideal of transitional justice difficult but not impossible to achieve. The present political structures of Sri Lanka, shaped and informed by colonial rule, have fostered a majoritarian consciousness among the Sinhalese Buddhist population. Thus, the goals of transitional justice – assumed to be widely accepted as legitimate and neutral by international law – are viewed on ethnic lines: pursuing accountability and truth is perceived as synonymous with implicating the Sinhalese as a collective. Furthermore, as Sri Lanka’s foreign policy alignment has historically had implications for transitional justice initiatives, the current administration’s embrace of Sinhala Buddhist nationalism has strengthened its economic and political ties with China, decreasing the government’s political incentive to engage in transitional justice further. These realities hamper achieving meaningful steps toward dealing with the war’s aftermath, such as restoring the economic livelihoods and political rights of marginalized populations and attaining a truly substantive democracy. 7 Table of Contents Map of Sri Lanka………………………………………………………………………………….8 Introduction………………………………………………………………………………………..9 Chapter 1 – The Sri Lankan Civil War: Its Origins, Its Grievances……………………………..16 Chapter 2 – Transitional Justice: An Overview Of Its Dilemmas……………………………….48 Chapter 3 – Past Case Studies and Contemporary Factors for Transitional Justice……………..81 Figures (Chapter 3) …………………………………………………………………………….123 Conclusion……………………………………………………………………………………...125 Bibliography……………………………………………………………………………………133 8 Map of Sri Lanka1 1 Cai, Weiyi, K. K. Rebecca Lai, and Anjali Singhvi. 2019. “Easter Sunday Attacks Add a New Dimension to Sri Lanka’s Sectarian Tensions.” The New York Times, April 23, 2019, sec. World. https://www.nytimes.com/interactive/2019/04/23/world/asia/sri-lanka-isis-religious-ethnic-tensions- map.html. 9 Introduction “They started beating Thiyagarajah. They took his T-shirt off and stuffed it into his mouth. The neighbors came out to help, but they pushed them away. His wife was crying and shouting, and they hit her with a gun butt. She was nine months pregnant. They were accusing Thiyagarajah of having bombs in the house, and forced him to dig the ground around the house. They searched the house, turning everything upside down, but didn’t find anything. They beat him so badly that he couldn’t walk—they had to carry him away. They took him away on a motorcycle.” – Relative of 25-year-old Thiyagarajah Saran describing his abduction by the Sri Lankan military on February 20, 2007 to Human Rights Watch. Thiyagarajah Saran’s whereabouts are still unknown.