Ethnic conflict, war crimes and human rights: revisiting U.S sponsored UNHRC resolution against Sri Lanka in 2013

Abstract

The civil war ended in 2009 but four years later the country has yet to find its path of reconciliation and to heal the wounds of war. At the present time it also appears that Sri Lanka is moving backwards, and not forwards, in terms of securing the rule of law and reconciliation. This has impacted negatively on the rule of law and by extension the protection of human rights and political accountability. There is also the rise of inter-religious tensions fanned by government allies. A new dimension of inter-communal unrest is the rise of Buddhist extremism in some quarters; it has targeted the Muslim community and taken on an open and frontal confrontational approach. One of the main elements of external intervention in the internal affairs of post-war Sri Lanka is the continuing pressure being brought to bear on the government to adopt a system of province-based devolution as one of the instrumentalities of ethnic reconciliation. It is, indeed, unfortunate that the LLRC itself has made a similar prescription. There is no evidence in the voluminous report produced by the Commission that it made any attempt to draw "lessons" relevant to the subject of territorial devolution and sub-national inter-group conflict from our own experiences, leave alone the abundance of international experiences. Its recommendation, however, has had the effect of legitimizing the demand made by the global west which, in earlier times, was so obviously based on a nakedly superficial, local NGO-nurtured, understanding of Sri Lankan affairs.