With one of the highest number of enforced disappearances in the world spanning three decades of conflict, we cannot call Sri Lanka a democracy until it confronts and sheds light on the extraordinary losses of its past.
Following the Gazette notification establishing the Office of Missing Persons (OMP), President Maithripala Sirisena remarked, ‘this marks another step forward in Sri Lanka’s path to sustained peace’. The OMP seeks to help several thousands of families to discover the fate of their loved ones and the circumstances of their disappearance, by searching for and tracing missing persons and protecting the rights of the victims and their families.
When something goes missing, it travels to a place of oblivion, a state of existential indeterminacy where it remains suspended, neither dead nor alive. Upon losing your keys or wallet, you spend hours and days looking, wasting time that will never be recovered again. Underlying this sustained search is the firm belief that what was lost shall be found again.
Somewhere in oceans far and deep, people are still searching for a plane that went missing years ago, the curious fate of Malaysian Airlines MH370 remaining uncertain. This is because when something or someone goes missing – and we have no understanding of the causality of its disappearance – it inevitably presupposes the possibility of being found again, a search that may take a lifetime for some. Parents searching for their children, wives waiting for their husbands, have no remains to bury, no death certificate which marks their existence on earth.
The essayist, Joan Didion writes in her memoir on grief, The Year of Magical Thinking, ‘a single person is missing for you, and the whole world is empty’. Didion writes about leaving her late husband’s shoes in their closet, just in case he might return and need them. The lack of closure of this loss entails a myriad emotions in those who keep looking – endless grief, fear, anger and anguish – of which hope of some kind of recovery is what propels them forward into the future.
The Office of Missing Persons which has been established as a transitional justice mechanism to deliver truth, justice, reparations and ensure non-recurrence, then, goes a long way towards helping healing, reconciliation and closure, for those whose lives remain forever lacking. In May 2016, the Cabinet ratified the UNHRC International Convention for the Protection of All Persons from Enforced Disappearances - which criminalizes enforced disappearance by stating that, ‘no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearances’. It is an important and necessary step forward for civil rights and human rights in Sri Lanka in acknowledging the torment of its past, clearing the oppressive climate of fear, and ensuring the safety and security of its citizens in the future.
For such a serene and idyllic island which has so much to offer in its rich history and cultural heritage, Sri Lanka is also a country that has been tarnished by the legacy of a deeply entrenched ‘white van’ culture, an aberration which stems back to the ‘80s with the JVP insurrection, a student-led militant socialist rebellion which was violently crushed by the state. These enforced disappearances continued under the Premadasa administration and onwards, white vans becoming synonymous with the unbridled terror of the night, stealing lives and futures away discreetly, breaking up families without so much as a sound. The three-decade long civil war intensified these losses, particularly, towards the end, where those who were unfortunate enough to be caught up in the conflict, which includes countless Tamil citizens as well as army personnel, disappeared without a trace.
The number of those absent from the ‘70s onwards – spanning students, protesters, lawyers, journalists, trade unionists and ideological dissenters of every race and religion – is estimated to be over 65,000, giving Sri Lanka one of the highest number of disappearances in the world. Inextricably linked to these enforced disappearances are, structures of established power and corruption, extra-judicial powers exercised by security forces while people turned a blind eye, ostensible and half-hearted investigations going nowhere, while they vanished into the dark of a night that holds no reason.
Since the war ended, there has been a rolling tide of grief, anger and disillusion, and although many years have passed, for those left behind, there has been a noticeable inability to move past the trauma of the interminable conflict, due to the unresolved nature of these numerous disappearances. Time stands still when one is confronted with such irreconcilable loss, loss that has no good meaning or explanation. Where a loved one once stood, a gaping void now remains for the relatives who wait in hope for a miracle, or have given up altogether on finding answers. The Act is thus symbolic in taking steps to redress these grievances, but at the same time, it must go beyond mere symbolism in implementing investigations that are transparent and accountable, holding meaningful consultations with the affected families and non-governmental organizations.
The fundamental tenets that a democracy is based upon are the rights to freedom of speech, freedom to protest, freedom from discrimination and repression. That these individual liberties were infringed upon for so many years indicates thoughtless transgression of these necessary norms, without due process being given to those who were concealed from the law, as they were subjected to torture, abuse and death. We cannot in good name call Sri Lanka a democracy until this injustice ends. Therefore, it is an imperative responsibility of the state to protect against and seek justice for these gratuitous losses, to bring a modicum of relief to those who have been left bereft and distraught.
Some say that the Bill contradicts the Constitution of Sri Lanka, which does not stipulate a provision to criminalize enforced disappearances during emergencies. And yet, a Constitution is written to protect the people, not used to justify their losses.
If this Act has been brought about to guard individual liberties, and if the Constitution is not sufficient enough to accommodate these universal rights, new approaches must be made, through amending the Constitution, to protect the civil liberties of all citizens. America has one of the highest rates of gun-related deaths in the world, due to an inflexible constitution that enshrines the rights of citizens to keep and bear arms. Justice requires constant communication between civil society and its representatives – it must be a transparent, fluid and continually evolving process, rather than being bound by a rigid and intractable constitution or hidden behind closed doors. Democracy thrives on difference, the dialogue between contrasting opinions is essential to its healthy functioning.
Therefore, we must think of this as a positive step forward for the future of national democracy, a significant milestone which allows us to stand on the world stage with dignity and respect. Instead of the opinion that it takes away from our sovereignty, it allows for greater responsibility and freedom through international recognition, by demonstrating commitment to the institutions and protections of democracy and respect for the mechanisms of civil society.
The writer holds a Masters from the London School of Economics