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8/12/2019 Sri Lanka Remembers to Forget
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Sri Lanka remembers to forget
Published on openDemocracy(http://www.opendemocracy.net)
Sri Lanka remembers to forget
Ambika Satkunanathan[1] 21 May 2013
Celebrations to mark the end of Sri Lankas civil war perform the function of collectiveforgetting. If the country looked back at recommendations made in the past, Sri Lankans
might understand better how to go forward.
On 18 May 2013 the government of Sri Lanka celebrated the fourth Victory Day, or as the
state-owned newspaper theDaily Newsreferred to it, Humanitarian Victory Day. On the
same day in Vavuniya in the North, members of the public along with politicians organised
an event in memory of those who lost their lives during the last stages of the armed conflict in
2009. The government ceremonies were a show of pomp, military might and triumphalism. In
these celebrations, although state forces that lost their lives were remembered and honoured,
any mention of civilians who were killed and those who are still missing was absent.
This is not surprising. As Marita Sturken states in herpaper on the Vietnam Veterans
Memorial[14] and memorialisation in American society, discourses of public
commemoration have become inextricably tied to the question of how war is brought to a
closure. The commemoration events held on 18 May are an extension into the post-war era
of the ethos upon which the war strategy was founded, and the manner in which the armed
conflict was brought to an end.
An example of this is thegovernment's plan[15] to erect nine monumental Stupas (Buddhistcommemorative monument) in each province of the country in appreciation of the noble
service rendered by the armed forces and Police to defeat terrorism and bring lasting peace to
the country. The happy union of militarisation and Sinhala Buddhist nationalism is evident
in the message posted on the Ministry of Defence website, which calls for donations for the
building project and directs those with inquiries about the project to officers at the Ministry
of Defence, which is co-ordinating the project. The title of the project is Sandahiru Seya:
The triumphant Stupa.
Forced forgetting
At the crux of the governments theory of reconciliation lies the need to move on and bring
closure, all euphemisms for closing off public discussion about violations of human rights
http://www.opendemocracy.net/http://www.opendemocracy.net/http://www.opendemocracy.net/http://www.opendemocracy.net/author/ambika-satkunanathanhttp://www.opendemocracy.net/author/ambika-satkunanathanhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttp://www.defence.lk/new.asp?fname=SandahiruSeyahttp://www.defence.lk/new.asp?fname=SandahiruSeyahttp://www.defence.lk/new.asp?fname=SandahiruSeyahttp://www.defence.lk/new.asp?fname=SandahiruSeyahttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttp://www.opendemocracy.net/author/ambika-satkunanathanhttp://www.opendemocracy.net/8/12/2019 Sri Lanka Remembers to Forget
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and humanitarian law during the last stages of the armed conflict. According to this theory,
forgetting is an integral aspect of bringing about reconciliation. On the contrary,
acknowledgment, remembering and memorialising are important components of any
reconciliation initiative, and should be viewed as forms of symbolic reparation. As thereport
on[16] Memory and Memorialisation in post-conflict Uganda, published by the
International Centre for Transitional Justice, states, Symbolic reparations aim to showunderstanding of and empathy with pain and loss and acknowledge suffering and injustice.
Arthur Danto,quoted in Sturken[14], points out that, We erect monuments so that we shall
always remember, and build memorials so that we shall never forget. Monuments are not
generally built to commemorate defeats; the defeated dead are remembered in memorials.
While a monument most often signifies victory, a memorial refers to the life or lives
sacrificed for a particular set of values.
The statues of soldiers, guns and armoured tanks that one sees dotted all over the North are
therefore monuments, built to remember the great war victory, not memorials. Scant regard is
paid to the need to acknowledge and commemorate the loss of lives, property and livelihoods,and the suffering and trauma of the war affected population, particularly those caught in the
last stages of the armed conflict. If anything, the use of the word celebration to describe the
ceremonies on 18 May, defies the public to even feel grief, let alone express it. Even families
of the Sri Lanka armed forces are expected to show only pride in and happiness about the
achievements of their departed family members; they too are expected not to express their
loss, loneliness and grief.
Like in most post-war contexts, the question of who can be remembered is controversial. For
instance, can families of slain LTTE cadres engage in private memorial activities to
remember their loved ones, not in order to glorify or remember the LTTE, but to remember
the individual as a family member? On 18 May, theDaily Newsquoted the Army
Commander of the northern Vanni region,who declared that[17] Any citizen has the right to
commemorate their loved ones but no one can commemorate terrorists who were disloyal to
the government. Hence, families whose loved ones were members of the LTTE (whether
they joined voluntarily or were forcibly conscripted) will likely not observe his or her death
anniversary in a visible manner due to fear of state censure and harassment, since the act is
viewed as an act supportive of the LTTE, and hence a threat to national security.
Even within communities the act of remembering and forgetting can cause tension, conflict
and animosity. For instance, former LTTE cadres state that during the armed conflict they
were willing to sacrifice their lives for the armed struggle, yet now due to numerous reasons,including military surveillance, their sacrifices are not remembered or respected by the Tamil
community, and they often receive little community support in re-integrating into society. It
could be argued that the sections of the Tamil community which supported the LTTE are
forgetting due to fear of state retaliation, or did the community always have a utilitarian
relationship with the LTTE?
Many former cadres claim that at rehabilitation centres they were instructed to forget the past.
Yet, constant interrogation by the Sri Lanka Army (SLA) and surveillance and monitoring of
ex-cadres force them to remember their past. Some cadres said they asked us to forget the
past and now when we are trying to move forward, they wont let us. They continue to ask us
about our time in the LTTE.
http://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-ugandahttp://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-ugandahttp://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-ugandahttp://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-ugandahttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttp://www.dailynews.lk/2013/05/18/sec02.asphttp://www.dailynews.lk/2013/05/18/sec02.asphttp://www.dailynews.lk/2013/05/18/sec02.asphttp://www.dailynews.lk/2013/05/18/sec02.asphttps://courses.marlboro.edu/pluginfile.php/45112/mod_page/content/45/Marita%20Sturken%20The%20Wall,%20The%20Screen%20and%20The%20Image.pdfhttp://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-ugandahttp://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-memorialization-post-conflict-northern-uganda8/12/2019 Sri Lanka Remembers to Forget
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Internecine violence has also not been forgotten by the Tamil people. Even today, there are
those who express anger towards the LTTE, as well as non-LTTE armed groups that were
responsible for violations in the past; this is often directed towards former members of these
groups who now hold positions of power within the government. In terms of reparation,
internecine violence raises many complex questions. For instance, who apologises and
provides restitution for the violations committed by the LTTE and other Tamil armed groups?Who apologises and provides restitution for the crimes committed against the Muslim
community by the LTTE? What is the role of Tamil political parties, particularly members of
these parties who were previously members of armed groups? What about the right to
reparation of the families of those who disappeared during the JVP insurrection?
Reparations and reconciliation
The discourse on post-war reconciliation has largely been silent on the issue of reparations.
According to theOffice of the High Commissioner for Human Rights[18] it is generally
understood that the right to reparation has a dual dimension under international law: (a) asubstantive dimension to be translated into the duty to provide redress for harm suffered in
the form of restitution, compensation, rehabilitation, satisfaction and, as the case may be,
guarantees of non-repetition; and (b) a procedural dimension as instrumental in securing this
substantive redress. It further states that While, under international law, gross violations of
human rights and serious violations of international humanitarian law give rise to a right to
reparation for victims, implying a duty on the State to make reparations, implementing this
right and corresponding duty is in essence a matter of domestic law and policy.
Therefore, not only does the state have to accept that gross violations of human rights and
serious violations of international humanitarian law have taken place but it also needs to
acknowledge that doing so is its duty and that persons who have suffered such violationshave a right to reparation. Contrast this with the Presidents speech at the Victory Day
celebration in which he claimed external forces were attempting to destabilize Sri Lanka
through calls forindependence of the judiciary, media freedom and human rights[19].
Reparation initiatives seek to recognise victims as equal citizens and include a variety of
measures, both material (such as compensation for lost property) and symbolic (public
apologies and memorialisation), and individual and collective measures. In contrast, the
governments strategy is based on anotion of benevolence of the victor towards the Tamil
population[20], disregard of the need for a political solution to the ethnic conflict, and the
supposed provision of economic benefits.
On 18 May, the Tamil newspaper Thinakkuralreported that a woman in the North had killed
her three young children and attempted to commit suicide due to what appears to be extreme
poverty and inability to care for the children. This illustrates the lack of acknowledgment of
the continuing marginalisation of the conflict-affected population, which suffers poverty and
systemic discrimination. Instead, the conflict-affected population is afforded the opportunity
to become part of the state military apparatus, i.e., they are recruited into the army
orabsorbed into initiatives implemented by the Civil Security Department[21] that is within
the purview of the Ministry of Defence.
According to the Ministry of Defence, this is proof of peace, reconciliation and a new life for
those previously oppressed and impoverished.
http://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdfhttp://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdfhttp://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdfhttp://www.lankamission.org/images/2012images/January%202013/VD_president_speech.pdfhttp://www.lankamission.org/images/2012images/January%202013/VD_president_speech.pdfhttp://www.lankamission.org/images/2012images/January%202013/VD_president_speech.pdfhttp://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://khabarsouthasia.com/en_GB/articles/apwi/articles/features/2012/08/09/feature-01http://khabarsouthasia.com/en_GB/articles/apwi/articles/features/2012/08/09/feature-01http://khabarsouthasia.com/en_GB/articles/apwi/articles/features/2012/08/09/feature-01http://khabarsouthasia.com/en_GB/articles/apwi/articles/features/2012/08/09/feature-01http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03http://www.lankamission.org/images/2012images/January%202013/VD_president_speech.pdfhttp://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdf8/12/2019 Sri Lanka Remembers to Forget
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Looking back to move forward
The chapter on Restitution/Compensation in the report of the Lessons Learnt and
Reconciliation Commission(LLRC)[22], a Commission of inquiry that was established by
President Rajapaksa in 2010, is disappointingly short, lacks depth and provides no definition
of restitution or compensation. By focusing only on the Rehabilitation of Persons, Properties
and Industries Authority (REPPIA) and setting out its shortcomings, including lack of funds,
which prevent it from paying claims received, the Commission disregards other forms of
compensation/restitution that may be required and desirable.
In this regard, it is useful to study the recommendations of past Presidential Commissions,
some of which are surprisingly bold.
The Presidential Commission on Ethnic Violence 1981-1984 which was established in 2001
and published its report in 2002, states that compensation is a right and not charity and must
be fair and adequate and not nominal or a mere token. It reiterates that every effort must bemade to restore the human dignity of victims, and that the victim should not be made to feel
s/he is receiving charity but is rightly receiving minimum legal dues. It even recommends
that delay in the discharge of this duty by the state should be dealt with by the payment of
simple legal interest on the amount of compensation, and urges expeditious payments.
The 2001 Commission warns that, For a nation already confounded by political conflicts,
ethnic confrontations and constitutional turmoil, the mood for reconciliation can be
unnecessarily edged away, by failing to effectively support national reconciliation at the grass
root as an on-going process parallel to the peace negotiation. It also calls for the need for
public recognition of the trauma and suffering the victims had to endure.
The All Island Commission on Disappearances which was established in 1998 andreported
in 2001[23], focuses on symbolic measures of reparation such as the construction of a wall
of reconciliation inscribed with the names of those dead and disappeared, whether victims of
subversive acts or acts of the security forces. It does not mention the LTTE or the security
forces by name, but lists Maaveerar (LTTE martyrs) cemeteries and the memorial in
Embilipitiya in the South to the students who disappeared during the JVP insurrection, as
examples of memorialisation. The Commission stresses the need for national
acknowledgment of the wrongs done, and recognises that another insurrection is a possibility
unless the needs of the affected persons are addressed.
With regard to compensation, it makes a bold recommendation that it should be paid to allirrespective of categorisation of the person as a terrorist, and recommends the amendment of
the Public Administration Circular that prohibits the granting of compensation if a court has
declared a person a terrorist. The Commission states that this is morally incorrect as it
amounts to segregation of certain families of victims as terroristby relationship. It proposes
that the entire society should share responsibility for helping families of the affected and
recommends a 2% tax towards this.
The Commission on Disappearances in the Western, Southern and Sabaragamuwa Provinces
which was established in January 1988 and published its reportin 1997[24] notes
discrimination in the payment of compensation in cases where a person was thought to be a
terrorist andstates that[25] endemic discriminatory practices are to the detriment of the
http://www.slembassyusa.org/downloads/LLRC-REPORT.pdfhttp://www.slembassyusa.org/downloads/LLRC-REPORT.pdfhttp://www.slembassyusa.org/downloads/LLRC-REPORT.pdfhttp://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.disappearances.org/news/mainfile.php/frep_sl_western/http://www.disappearances.org/news/mainfile.php/frep_sl_western/http://www.disappearances.org/news/mainfile.php/frep_sl_western/http://www.disappearances.org/news/mainfile.php/frep_sl_western/37/http://www.disappearances.org/news/mainfile.php/frep_sl_western/37/http://www.disappearances.org/news/mainfile.php/frep_sl_western/37/http://www.disappearances.org/news/mainfile.php/frep_sl_western/37/http://www.disappearances.org/news/mainfile.php/frep_sl_western/http://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.disappearances.org/news/mainfile.php/frep_sl_ai/http://www.slembassyusa.org/downloads/LLRC-REPORT.pdf8/12/2019 Sri Lanka Remembers to Forget
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well-being of dependents of disappeared persons. It points out that there is no definition of
terrorist provided by the state, resulting in the police providing clearance in this regard, i.e., it
is not a judicial determination.
The Commission also recommends that those who lost their jobs due to time away from work
due to searching for disappeared family members should be re-instated if they could provethe period of absence was spent trying to ascertain the whereabouts of the disappeared
person. The Commission calls for the reversal of proof in the case of custodial torture, and
urges the recognition of rape/sexual assault in custody as torture. It also notes evidence of
sexual violence and points out it is used as a tool to control a community.
In Sri Lanka we might consider beginning our attempts tocommemorate a war for which the
central narrative is one of division and dissent, a war whose history is highly contested and
still in the process of being made[14] not only by looking atthe pastat the violence,
loss, violations and griefbut also tothe past, at the progressive and rather bold, if
unimplemented, recommendations of past Presidential Commissions.
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[1] http://www.opendemocracy.net/author/ambika-satkunanathan[2] http://www.opendemocracy.net/conflicts/sri-lankan-civil-war
[3] http://www.opendemocracy.net/topics/democracy-and-government
[4] http://www.opendemocracy.net/topics/culture
[5] http://www.opendemocracy.net/topics/conflict
[6] http://www.opendemocracy.net/topics/civil-society
[7] http://www.opendemocracy.net/countries/sri-lanka
[8] http://www.opendemocracy.net/opensecurity-regions/security-in-south-and-central-asia
[9] http://www.opendemocracy.net/opensecurity-themes/reconciliation
[10] http://www.opendemocracy.net/opensecurity-themes/peacebuilding
[11] http://www.opendemocracy.net/opensecurity-themes/transitional-justice
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[14]
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[15] http://www.defence.lk/new.asp?fname=SandahiruSeya
[16] http://ictj.org/publication/we-can%E2%80%99t-be-sure-who-killed-us-memory-and-
memorialization-post-conflict-northern-uganda
[17] http://www.dailynews.lk/2013/05/18/sec02.asp
[18] http://www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdf
[19]
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[20] http://www.defence.lk/new.asp?fname=Children_enjoys_Christmas_Gifts_20121226_03
[21] http://khabarsouthasia.com/en_GB/articles/apwi/articles/features/2012/08/09/feature-01
[22] http://www.slembassyusa.org/downloads/LLRC-REPORT.pdf
[23] http://www.disappearances.org/news/mainfile.php/frep_sl_ai/[24] http://www.disappearances.org/news/mainfile.php/frep_sl_western/
[25] http://www.disappearances.org/news/mainfile.php/frep_sl_western/37/
[26] http://www.opendemocracy.net/opensecurity/chaminda-weerawardhana/sri-lankas-bbs-
old-spectre-in-new-garb
[27] http://www.opendemocracy.net/opensecurity/kumaravadivel-guruparan-sivakami-
rajamanoharan/four-years-on-genocide-continues-off-bat
[28] http://www.opendemocracy.net/opensecurity/ambika-satkunanathan/militarisation-as-
panacea-development-and-reconciliation-in-post-w
[29] http://www.opendemocracy.net/opensecurity/sivakami-rajamanoharan/reconciliation-is-
not-happening-in-sri-lanka-and-problem-isnt-qu
[30] http://www.opendemocracy.net/opensecurity/frances-harrison/sri-lankas-policy-towards-witnesses-is-revenge-not-reconciliation
[31] http://creativecommons.org/licenses/by-nc/3.0/
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