This issue of the Saama Vimarshi is around the theme of Transitional Justice.
The Sinhala newsletter can be downloaded here.
This issue of the Saama Vimarshi is around the theme of Transitional Justice.
The Sinhala newsletter can be downloaded here.
First published on Groundviews.
An interview with Howard Varney a few weeks ago held in Colombo attempted to demystify transitional justice and map out the challenges around reconciliation in Sri Lanka. As noted on the website of the International Centre for Transitional Justice,
Howard Varney is a senior program adviser with ICTJ. His areas of expertise include truth-seeking, national prosecutions, institutional reform, reparations, and public interest litigation. Howard is a practicing advocate at the Johannesburg Bar. His legal practice includes human rights, constitutional, and administrative law.
In the early 1990s he was an attorney with the Legal Resources Centre in Durban where he represented victims of political violence in public interest litigation, judicial inquests, and commissions of inquiry. In the mid-1990s he led an independent criminal investigation in South Africa into organized political crime which resulted in significant criminal trials. He worked with the South African Truth and Reconciliation Commission as a consultant on range of matters. Howard was the chief investigator for the Sierra Leone Truth and Reconciliation Commission.
We start off by talking about how Varney sees the prospect for meaningful reconciliation in Sri Lanka at present, given that he has visited the country of several occasions in the past including during the Rajapaksa regime.
Given the interest in the Wickremesinghe-Sirisena administration around transitional justice and the confusing official responses to some aspects around it, Varney was asked as to what, in Sri Lanka, would constitute a credible process reckoning with the past.
Varney is then asked as to why we should bother so much with looking at the past, when there is always the option to leave the past behind, as best forgotten, and move forward into the future. Varney’s response leads to a follow up question around what the best time should be for processes on acknowledging the past to be introduced and take root in society. He also responds to the submission that it may be too soon, and too fast, in Sri Lanka to talk about transitional justice mechanisms.
Given the twin imperatives of transitional justice and constitution building for a first term coalition government, Varney responds next to a question around sequencing, and whether constitution building can take place without accountability, or if both agendas can somehow be juggled as equally important for the country to move forward.
He then talks about South Africa itself and the lessons learnt from his own country’s transitional justice mechanisms, given that Sri Lanka does not today, has never in the past and will never in the future mirror the principled political culture and progressive social dynamics that led to the end of apartheid. Varney openly discusses some of the failures in and of South Africa to deal with the past.
He then tackles the role of media and public consultations in a process of constitution building as well as transitional justice.
Finally, he tackles the pushback that the transitional justice agenda often faces – that it is largely alien to Sri Lanka and done or pursued at the behest of Western interests and powers.
You can also see the video of the interview on Vimeo here.
The Centre for Policy Alternatives (CPA) has documented and litigated on land issues and the rights of affected communities for over a decade with specific focus on issues related to the war and post war context. One specific case where CPA has been active is the displacement of over 12,000 individuals in 2006 from Sampur, highlighting issues around displacement and the need for upholding the rights of the affected communities. As a result CPA has litigated and supported communities in their advocacy to reclaim their rights and return home, issuing several reports and statements over the years. On 9th March 2015, CPA welcomed the Government’s efforts to return land to the legal owners on 25th March 2016, lands were returned to legal owners, facilitating displaced communities to return to their homes in the area.
In its most recent initiative, CPA commissioned Kannan Arunasalam to direct a documentary on Sampur and to visually capture the narratives of the communities who have returned and continuing to return to their homes.
The Centre for Policy Alternatives (CPA), and the Vibhavi Academy of Fine Arts (VAFA) exhibition of 14 artists from different parts of Sri Lanka imagining transitional justice which recently exhibited at the JDA Perera hall was exciting from an aesthetic point but depressing from a political one.
While all art is, in one way or another political, atrocity art offers a trenchant opportunity to capture the scope and scale of a horrific act, and allows for the examining of some elusive imaginative truths of that moment. It is something graphic photojournalism often aspires to but most often fails into gratuitousness. Goya’s series on the Spanish civil war, George Bellows’ series on the German invasion of Belgium and the wood cuts of Yoshitashi are part of that pre-photographic proto-human rights tradition that predates the expressionism of the current exhibition.
One of the challenges for post-Rajapakse-lapsarian civil society has perhaps been to construct a vibrant public discourse about transitional justice. The task has not been easy. There is a natural lassitude towards truth telling, and the monolithic narcissism of the Sri Lankan state struggles to concede justice to its constituents. Within this context the exhibition is a valuable provocateur of debate.
From an aesthetic viewpoint the exhibition was an enormously satisfying engagement of the mind and the eye and offered a striking lack of ‘miserablism’ that was invigorating. Take for instance Nirmalavasan’s polyptych ‘Unthrowable Questions on Carpet Roads’.
The series in a palette of bleached browns of dried blood hung on a clothes line, portrays women with photographs of their missing. But the pictures of the missing intermingle with pictures of fish – a motif that multiplies across each painting – line upon line of fish hung out to dry – suggesting perhaps the multitude of the missing and the nature of our indifference. The fish are drawn with the same neutral accuracy of the photographs of the missing. The meditative veneer of the composition is belied by the insidiously jarring imagery and the skill with which the slow desperation of grief in the faces of the women has been captured. Traffic lines of the carpet road lace the series together.
Perhaps the high point of the exhibition must be Pushpakanthan’s triptych ‘What is your father? Where is your father’ a deeply disturbing nightmarescape response to the killing of his father in his own bed by ‘unknown’ gunmen. This is a hoarse, inarticulate scream of a painting dominated by the bizarre recurring imagery of metamorphic toads – a grief prohibited from expression sublimating into the grotesque. It is a dark imaginative detail that could well slip unnoticed into a Hieronymus Bosch painting.
Hanusha Somasundaram’s ‘Backbones’ with used teabags as a medium, somewhat archly transposes images of pregnant estate labourers with those of the damsels of the Sigiriya frescoes – the adroit reworking of two of Sri Lanka’s best touristic clichés .
What was perhaps disappointing, particularly after the common time spent together grappling with transitional justice issue, was the stark difference in the nature and scope of the imagination of the Sinhala and the Tamil artists. In fact I asked my fellow visitors to try and indentify the artists’ ethnicity…a superfluous exercise of cynicism…but nevertheless an instructive one.
For the Tamil artists the conflict is an all encompassing immersive tsunami of experience, the boundaries of which overwhelm the knowable universe. For Vijitharan’s Bunker for instance it is imagined as a topographical invasion of militarism that engulfs the landscape. Tharmakrishna’s Untitled is a myriad of floating cubes, each cube repetitively etched with symbols of handcuffs, prison bars, guns, money wheels chairs and barbed wire. Cumulatively the works reveal pent-up emotional forces at play in the Tamil artist’s mind that seek release. And the best of them recall the words of Yeats contemplating the aftermath of the Irish Easter uprising a century ago “a terrible beauty is born”.
For the Sinhala artists, the conflict is imagined as incidental – particularly in the form of explosive incidents. They conceive the suffering as a joint condition, and more significantly, an equal one. This comfortable binary of mutual suffering is the base upon which a common humanism can be rediscovered. Asoka Manjula’s binary grenadehead ‘Searching for Humanity’ or Malika Sanjeewani’s ‘Confession of Two Criminals’ are examples. On the other hand, the Tamil artists have no place to accommodate the ‘Sinhala’ in the existential horror of their past. Nor perhaps have they reached a dispassionate equilibrium that admits introspection of the violence of the past.
“Confession of Two Criminals” Malika Sanjeewani
Shorn of the aesthetics, what emerges is two fairly distinct and separate narratives based on the geography of personal experience which also seems to echo the subtexts of the dialogues of the communities: the pressure cooker of anguish in the north, the claim of equality of suffering by the South and the resentment towards the structures of exploitation and neglect that echo from the Hills. The truth telling experience is a mask of fragmented, self-serving truths, a sort of visual echo chamber.
But truth telling cannot be a buffet of cherry picked platitudes. Individual experiential truths may be many, disparate, enriching, complex and cathartic but they cannot be a substitute for facts.
In fact the essential aim of truth telling in transitional justice is the deliberative flocculation of cold hard factual truths from the multiples of experiential truths so that society has a single, commonly agreed, coherent, narrative of the past.
Which is perhaps why the Truth to Truth exhibition, despite the rich and bracing art it offered, really points to the need for a deus ex machina of a state sponsored truth-telling mechanism that is able to order the truths into facts.
First published on Groundviews.
“We were meant to be in this hut for only three months. It’s now been four…five years. Look at this hut. It’s falling apart.”
“We’re always thinking about when we will return. When we’ll be back on our land.”
By Maheswari, featured in ‘SAMPUR‘. Full documentary will be released on 6th April.
We're always thinking about when we will return. When we'll be back on our land.From 'SAMPUR'. Full documentary will be released on 6th April and available at www.tjsrilanka.org. For details, click http://www.cpalanka.org/sampur-documentary-trailer/
Posted by Groundviews on Thursday, March 31, 2016
Land is a key issue for reconciliation in Sri Lanka. Reparations including the restitution of land, if implemented in the correct manner, can contribute to long-term peace building efforts and prevent further marginalisation of people who were affected by the war. With promises by the government of Sri Lanka (GOSL) to initiate reforms including with transitional justice processes and mechanisms, the Centre for Policy Alternatives (CPA) examines a key issue that is crucial for reparations and reconciliation in Sri Lanka: occupation of land in the Northern Province. While recognising a comprehensive study of this issue in Sri Lanka is needed, the present study examines the situation of land occupation in the Northern Province and comments on steps required if the GOSL is genuine in its commitments. CPA hopes that this initial study limited to the North, can be expanded to other parts of Sri Lanka, data gathered from such an exercise potentially feeding into reform processes and informing policy options.
Download the full report here.
Memorialisation is an important tool in addressing conflict situations where years of repression, social inequality and injustice have created polarised communities. Memory initiatives can be a great healer and an enabler of reconciliation, paving ways and opportunities for dialogue, understanding, apologising, acknowledging and addressing past violence between divided societies. The change in the political environment in 2015 brought with it a space for such reconciliatory action, and in this respect, the government made promises to establish mechanisms to deal with the past- specifically the 30-year ethnic conflict that ended in 2009.
Memorialisation can play a critical role in the government’s transitional justice agenda, specifically in terms of complementary measures that can help reinforce these systems that may take many months to set up. Further, memory initiatives can address grievances that are not captured fully by the structures promised by the government, while bringing together communities who have suffered similar issues such as disappearances, which were common not only during the 30-year conflict, but also during the two Southern insurrections.
In light of successive governments’ failures to adopt a balanced approach to memorialisation, and given the crucial role the State can play in either healing or dividing communities further, through national memorialisation initiatives it takes up during their tenure in government, this latest discussion paper by the Centre for Policy Alternatives (CPA) hopes to set out guidelines and best practices governments should adopt in their practice of memorialisation. It also highlights the need to adopt, by way of a National Policy on Memorialisation, a consistent and impartial approach to State practice of memorialisation.
This discussion paper is one in a series of policy papers related to transitional justice that the CPA hopes will facilitate discussion around incorporating international best practices in the government’s approach to dealing with the past.
Download the discussion paper in full here.
“Sampur is our home. This is where are parents grew up. We also grew up here. Sampur belongs to us.”
“We are so happy to get our land back. That’s why this is our first pongal.”
By Kanakamma, featured in ‘SAMPUR‘. Full documentary will be released on 6th April.
"Sampur is our home. This is where are parents grew up. We also grew up here. Sampur belongs to us."From 'SAMPUR'. Full documentary will be released on 6th April and available at www.tjsrilanka.org. For details, click http://www.cpalanka.org/sampur-documentary-trailer/
Posted by Groundviews on Wednesday, March 30, 2016
Thousands of individuals from across Sri Lanka have been displaced for years, some multiple times.
For over a decade, the Centre for Policy Alternatives (CPA) has documented issues related to displacement and returns, advocating reform and litigating on unjust and arbitrary practices. Two cases CPA has followed closely for years, supporting litigation and advocating land releases and durable solutions include the areas in the Jaffna district and in Sampur, Trincomalee district. With the promise of reparations and reform by the present government, some progress has been made in both these areas -some land -owners being able to return home after years of displacement. In its most recent initiative, CPA has commissioned a documentary titled ‘SAMPUR’, capturing the continuing struggles with displacement, challenges awaiting return to ones home and the hope of a new future.
Shot and produced by the award-winning documentary filmmaker and visual journalist Kannan Arunasalam, the documentary will be launched on 6 April 2016 and will be available on www.tjsrilanka.org.
Thousands of individuals from across Sri Lanka have been displaced for years, some multiple times. For over a decade, the Centre for Policy Alternatives (the institutional home of Groundviews) has documented issues related to displacement and returns, advocating reform and litigating on unjust and arbitrary practices. Two cases CPA has followed closely for years, supporting litigation and advocating land releases and durable solutions include the areas in the Jaffna district and in Sampur, Trincomalee district. With the promise of reparations and reform by the present government, some progress has been made in both these areas -some land -owners being able to return home after years of displacement. In its most recent initiative, CPA has commissioned a documentary titled ‘SAMPUR’, capturing the continuing struggles with displacement, challenges awaiting return to ones home and the hope of a new future. Shot and produced by the award-winning documentary filmmaker and visual journalist Kannan Arunasalam, the documentary will be launched on 6 April 2016.
Posted by Groundviews on Monday, March 28, 2016
A thought provoking exhibition titled ‘Truth to Truth’ is now on at the JDA Perera Gallery, Horton Place, Colombo 7. Launched with a panel discussion on the ‘Right to Truth’ on March 24, the exhibition commemorates the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims, which fell on March 24.
Published in The Sunday Observer, 27 March 2016.
Download PDF here.
The Facebook Event Page has more details (you don’t have to be a member of Facebook to see it).