TRANSITIONAL JUSTICE
Bhavani Fonseka
STEERING THROUGH CROSSROADS
The ongoing journey of human rights advocacy shaping the country’s future
State of constitutional reforms in Sri Lanka
The government has promised to introduce a new constitution though no specific details are known regarding the next steps.
The country’s role in the global transitional justice narrative
Sri Lanka’s transitional justice efforts – including addressing enforced disappearances through initiatives such as the permanent Office on Missing Persons (OMP) – have been a focus of international discussions, especially at the United Nations Human Rights Council (UNHRC).
This initiative is being driven by…
By decades of advocacy from victims and others who highlight the ongoing challenges in meeting their demands.
How human rights lawyers can counter rising authoritarianism
By being constantly vigilant, critiquing and challenging.
Lessons Sri Lanka can learn from other countries’ transitional justice efforts
Look at what’s been done in other nations and consider lessons that can be learnt; but Sri Lanka’s path must be a unique way forward that reflects the grievances of victims and learn from our own experiences.
Main obstacle to transitional justice in Sri Lanka
There are many obstacles – yet, the main challenge is the entrenched culture of impunity.
Political interference in human rights work
It is critical for those working on human rights to maintain objectivity and integrity, in what is sometimes a difficult and dangerous terrain.
Managing risks in high stakes advocacy
Past dangers faced by human rights advocates underscore the importance of lessons such as working in teams, backing up documents and information, and implementing security strategies to enhance safety and resilience.
Bridging the gap between victims’ expectations and legal realities
Managing expectations is challenging, often leading to disappointment; this makes it crucial to prioritise victim centrality, ensure their active involvement in any process, and uphold transparency and inclusivity.
How human rights advocacy has evolved in Sri Lanka over the years
The country has a rich body of human rights work and advocacy, and events in recent years including the aragalaya are built on the efforts of so many from the past.
Impact of technology on human rights advocacy today
Technology can assist with a greater reach on human rights advocacy though many questions remain with new issues such as AI and others – including its impact on human rights.
Role of grassroots movements in shaping reforms
Grassroots work and movements have played a key role in reforms in Sri Lanka – this is evident in the present day in a range of areas including but not limited to governance reforms that demands greater accountability and transparency.
Involvement of younger generations in human rights advocacy
With an increase in young people engaging in human rights activism, and leveraging social media to raise awareness and drive change, I hope more youth will join such efforts to bring fresh ideas and energy.
Public interest litigation to address emerging issues such as digital rights
Over the decades, public interest litigation has been used to challenge arbitrary and unjust laws and practices; it’s one of several tools that can be used to address new issues such as AI and their potential impact on fundamental freedoms.
Role of international accountability mechanisms in Sri Lanka
We have had numerous setbacks with accountability and victims resorting to seeking international support when justice has failed in the country
In the context of the above, we should address…
Factors that contribute to impunity in Sri Lanka and ensure justice is served.
Hopes for Sri Lanka’s legal and policy landscape in the next decade
More work is required to ensure that the legal and policy framework does not contribute to discrimination or hierarchies – and that it promotes democracy, justice and reconciliation.
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