Transitional Justice in Sri Lanka: Moving Beyond Promises Edited by Bhavani Fonseka The Centre for Policy Alternatives (CPA) is an independent, non- partisan organisation that focuses primarily on issues of governance and conflict resolution. Formed in 1996 in the firm belief that the vital contribution of civil society to the public policy debate is in need of strengthening, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated. 6/5, Layards Road, Colombo 5, Sri Lanka Tel: +94 11 2081384, +94 11 2081385, +94 11 2081386, 011 5552746, 011 5552748 Fax: +94 11 2081388 Email:
[email protected] Web: www.cpalanka.org Facebook: www.facebook.com/cpasl ISBN 978-955-4746-82-4 Printed March 2017 Positioned at a vital confluence of maritime routes, Sri Lanka has always been influenced by the dynamics of varied peoples. Transition is inherent on this island, which composes in infinitely complex, evolving systems, like a nautilus. The static component of our fractal growth is our attachment to the soil we were born on, that is eternally defined by maps and claims. Sunela Jayawardene “How do we keep the past alive without becoming its prisoner? How do we forget it without risking its repetition in the future?”1 1 Ariel Dorfman, Death and the Maiden, 1991 Table of Contents Preface - Juan Mendez 8 Introduction and Overview – Bhavani Fonseka 14 List of Contributors 35 Transitional Justice in Sri Lanka: Issues & 42 Challenges 1. Politics of Reconciliation in Sri Lanka - 43 Paikiasothy Saravanamuttu 2. The Role of Constitution Building Processes in 61 Advancing Transitional Justice and National Reconciliation: Options for Sri Lanka – Sakuntala Kadirgamar 3.