Jehan Perera is the executive director of the National Peace Council (NPC), a nongovernmental organization (NGO) based in Colombo, Sri Lanka.
This interview has been edited lightly.
The Geneva-based UN Human Rights Council (HRC) recently concluded its 34th session. As expected, another resolution was passed on Sri Lanka with the support of President Maithripala Sirisena’s administration. How do you think the session went? Was there anything that surprised you?
It went better than expected for the government. It got the two-year extension without new conditions being added. One surprise was Foreign Minister Mangala Samaraweera’s insistence that the government’s commitments made in October 2015 were due to its concern for fellow Sri Lankan citizens who were war victims, and not due to international pressure. Another was that the government did not encounter any overwhelming criticism when it hosted a side event which was open to NGOs, the Tamil Diaspora and the diplomatic corps. There was an anticipation that this session could be tough, but it did not turn out that way. The government delegation was able to answer the questions posed to them. They even extended the session by a further 40 minutes to give everyone who wanted to say something an opportunity to express themselves or ask questions.
During the HRC session, you spent a bit of time in Geneva as part of a Sri Lankan government delegation. As a member of civil society, how did such an opportunity come about? How long were you in Geneva and how did you spend your time?
The present government is favorable to civil society unlike the previous one. Civil society members are now routinely invited to be on government committees. The Consultation Task Force on Reconciliation Mechanisms appointed by the prime minister was composed entirely of civil society members. I was in Geneva for four days and attended meetings with the government delegation, such as with the UN Secretary-General and the UN High Commissioner for Human Rights. I was given an opportunity to speak when the government hosted a side event and again when it hosted a dinner for foreign missions. I was not given any parameters within which I should speak.
Prior to joining the delegation, did you have any concerns that – by collaborating with the government in this way – you or the NPC would be viewed as excessively deferential or too sympathetic to the government?
The NPC was established in 1995 to support the then government’s initiative to end the war through a political solution. We supported the ceasefire of 1995 and the government’s efforts to create public support for the devolution package as it was called. The NPC’s orientation as a peacebuilding organization is to support and strengthen positive initiatives taken by governments. The NPC has a board and a governing council and we will not change our stance merely because I was invited to be part of the government delegation. As an organization we will not say one thing in private and another thing in public. We will not say one thing in Geneva and another thing in Sri Lanka. By inviting me, I believe the government gave recognition to civil society’s constructive role in the reconciliation process.
Most of Sri Lanka’s transitional justice commitments remain unfulfilled. In the coming months, in what areas are you hoping to see substantial progress? How much could be accomplished in 2017?
Transitional justice is not only about accountability, it includes truth-seeking, reparations and institutional reforms. But today in Sri Lanka, the transitional justice process is being seen as aimed to bring war criminals to justice. The experience of other countries shows that this is a lengthy process often taking several decades. Those who are accused of war crimes are still powerful both in the political opposition and in the military. They also have the support of large segments of the population. Important commitments of the government are being blocked at every level. The ascertaining of the whereabouts of missing persons, reparations for loss of life and property are all seen as finally providing evidence that will be used in war crimes prosecutions. The demand for international tribunals and hybrid courts to ensure accountability strengthens the hands of those who oppose the transitional justice process. I think that Sri Lanka’s transition process is being held hostage to the issue of war crimes.
In the Sri Lankan context, what does ‘accountability’ mean to you? Do you expect Colombo to make genuine progress on this issue in the next two years? If so, what sort of accountability process do you envision?
Those who engage in murder, enforced disappearances, torture and rape, whether in times of war or peace, need to be held accountable. They need to be punished as a deterrent. The cycle of impunity needs to be broken. However, we need to be mindful that those who were in the military and who commanded the military and ensured victory over the [Liberation Tigers of Tamil Eelam] LTTE are seen by many if not most people, in particular most Sinhalese, as war heroes. Instead of emphasizing retributive justice in which the primary remedy is punishment, there could be an alternative in the form of restorative justice. The latter focuses on victims. The most urgent needs of those who suffered during the war is to find out what happened to their missing family members and to have sustainable livelihoods. This is the accountability I would give priority to. If war crimes is made the pivot of transitional justice, everything else will be subordinated to this, which is the current situation where little or nothing is happening. Therefore, accountability in the form of punishment should not be prioritized at the cost of the other pillars of transitional justice at this time.
If Colombo fails to follow through with a strong, credible accountability process, how would you feel about the prospects for lasting peace in Sri Lanka?
I do not believe that finding and punishing war criminals is going to solve the ethnic conflict and bring reconciliation. For lasting peace, there needs to be a meeting of minds across the ethnic divide. In our work at the community level, we (at the NPC) have shown this is possible at the community level and on a micro scale. There needs to be a political solution, not in the sense of a one-time constitutional change, but as part of a process of change where those who are living in the North and East get more power and resources to decide for themselves and work in cooperation with the central authorities who in turn cooperate with them. Those in the central government and at the provincial level could start on this partnership now in attending to the needs of war victims which are urgent and need to be given utmost priority.
There are many people who sincerely believe that the Sirisena administration is completely unserious about transitional justice. What would you say to those people? Why should one expect the government to implement the recently passed HRC resolution?
I believe the government is sincere about making life better for all people, including Tamils. This government, headed by President Sirisena and Prime Minister Ranil Wickremesinghe, is not anti-Tamil. But they are also politicians who assess the pulse of the people. I think that transitional justice is not going to be their priority. Any government that wishes to win the next election needs to be mindful of the Sinhalese ethnic majority for whom economic development matters more than transitional justice. When prosecuting war crimes is made the centerpiece of transitional justice, as demanded by sections of the international community and Tamil polity, it is even harder to get Sinhalese support for transitional justice. In this context, the international community and civil society need to ensure that pressure is maintained on the government. Its progress, or lack thereof, in implementing its promises in regard to transitional justice needs to be monitored and constructively critiqued. Instead of seeking to punish the government and withdraw support from it, the government needs to be given more assistance to meet its targets.