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Transitional justice interventions in Sri Lanka : why do they keep failing?

Roshni Kapur (UGent)
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Abstract
How can a country meaningfully commit to transitional justice interventions when ethnocracy and majoritarianism remain deeply entrenched in its political, legal and constitutional structures? Despite the creation of several commissions of inquiry and other mechanisms over the years to deal with the past, including those set up during the civil war, transitional justice and reconciliation have not been an integral part of Sri Lanka’s nation-building campaign and socio-cultural consciousness. Sri Lanka’s transitional justice interventions have historically been top-down, state-driven and elitist that lacked wider consultations with various groups and take their interests and demands into account. The oscillation between different political parties and their domestic and foreign policy orientations have had little impact. This article argues that the top-down and ‘one-size-fits-all’ transitional justice model does not work in certain societies, including Sri Lanka, and a shift to a unique and contexualised approach is imperative not only for longer-term sustainability but also to allow voices from the ground to be heard and included. This paper critiques the dominant transitional justice process and examines the challenges of achieving transitional justice in deeply divided societies where majoritarianism strengthens after the end of a violent conflict. Nonetheless, it acknowledges the risks of over-eulogising the bottom-up and local approach.
Keywords
civil war, civil society, ethnocracy, majoritarianism, transitional justice, Sri Lanka

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Citation

Please use this url to cite or link to this publication:

MLA
Kapur, Roshni. “Transitional Justice Interventions in Sri Lanka : Why Do They Keep Failing?” CONFLICT SECURITY & DEVELOPMENT, vol. 24, no. 3, 2024, pp. 251–75, doi:10.1080/14678802.2024.2346086.
APA
Kapur, R. (2024). Transitional justice interventions in Sri Lanka : why do they keep failing? CONFLICT SECURITY & DEVELOPMENT, 24(3), 251–275. https://doi.org/10.1080/14678802.2024.2346086
Chicago author-date
Kapur, Roshni. 2024. “Transitional Justice Interventions in Sri Lanka : Why Do They Keep Failing?” CONFLICT SECURITY & DEVELOPMENT 24 (3): 251–75. https://doi.org/10.1080/14678802.2024.2346086.
Chicago author-date (all authors)
Kapur, Roshni. 2024. “Transitional Justice Interventions in Sri Lanka : Why Do They Keep Failing?” CONFLICT SECURITY & DEVELOPMENT 24 (3): 251–275. doi:10.1080/14678802.2024.2346086.
Vancouver
1.
Kapur R. Transitional justice interventions in Sri Lanka : why do they keep failing? CONFLICT SECURITY & DEVELOPMENT. 2024;24(3):251–75.
IEEE
[1]
R. Kapur, “Transitional justice interventions in Sri Lanka : why do they keep failing?,” CONFLICT SECURITY & DEVELOPMENT, vol. 24, no. 3, pp. 251–275, 2024.
@article{01J0610FDDWES19KVBZJH7TRJQ,
  abstract     = {{How can a country meaningfully commit to transitional justice interventions when ethnocracy and majoritarianism remain deeply entrenched in its political, legal and constitutional structures? Despite the creation of several commissions of inquiry and other mechanisms over the years to deal with the past, including those set up during the civil war, transitional justice and reconciliation have not been an integral part of Sri Lanka’s nation-building campaign and socio-cultural consciousness. Sri Lanka’s transitional justice interventions have historically been top-down, state-driven and elitist that lacked wider consultations with various groups and take their interests and demands into account. The oscillation between different political parties and their domestic and foreign policy orientations have had little impact.

This article argues that the top-down and ‘one-size-fits-all’ transitional justice model does not work in certain societies, including Sri Lanka, and a shift to a unique and contexualised approach is imperative not only for longer-term sustainability but also to allow voices from the ground to be heard and included. This paper critiques the dominant transitional justice process and examines the challenges of achieving transitional justice in deeply divided societies where majoritarianism strengthens after the end of a violent conflict. Nonetheless, it acknowledges the risks of over-eulogising the bottom-up and local approach.}},
  author       = {{Kapur, Roshni}},
  issn         = {{1467-8802}},
  journal      = {{CONFLICT SECURITY & DEVELOPMENT}},
  keywords     = {{civil war,civil society,ethnocracy,majoritarianism,transitional justice,Sri Lanka}},
  language     = {{eng}},
  number       = {{3}},
  pages        = {{251--275}},
  title        = {{Transitional justice interventions in Sri Lanka : why do they keep failing?}},
  url          = {{http://doi.org/10.1080/14678802.2024.2346086}},
  volume       = {{24}},
  year         = {{2024}},
}

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