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Accountability for Conflict-Related sexual violence in Sri Lanka: A deep Dive
The 2022 report by the UN High Commissioner for Human Rights (OHCHR) on Sri Lanka highlights a disturbing pattern of conflict-related sexual violence (CRSV) during the country’s 26-year civil war and it’s aftermath. However, achieving genuine accountability remains a important challenge.This article expands on the OHCHR’s findings, providing a more comprehensive analysis of the systemic issues, the obstacles to justice, and potential pathways forward, incorporating recent data and expert perspectives not widely available. It moves beyond simply documenting the violence to examining the deeply entrenched impunity and the specific needs of survivors.
The Scope and Nature of CRSV in Sri lanka
The OHCHR report meticulously documents allegations of CRSV perpetrated by both the Liberation Tigers of Tamil Eelam (LTTE) and the Sri Lankan security forces. Though, the full extent of the violence remains unknown due to pervasive underreporting, fear of stigmatization, and the destruction of evidence. Recent research by the International Truth and Justice Project (ITJP) – a Sri Lankan-based association – suggests the number of documented cases represents only the “tip of the iceberg.” their 2023 data analysis, based on previously inaccessible military records and survivor testimonies, estimates that at least 1,200 women and girls experienced sexual violence at the hands of security forces alone between 1990 and 2009. This figure is considerably higher than previous estimates.
Forms of Sexual Violence
CRSV in Sri Lanka wasn’t limited to rape.The OHCHR report and subsequent investigations reveal a range of abuses, including:
- Rape and Gang Rape: Systematic and widespread, often used as a weapon of war.
- Sexual Torture: Including the use of objects, electric shocks, and threats against family members.
- Forced Prostitution: Notably prevalent in areas controlled by the LTTE.
- Forced Marriage: Used as a means of control and exploitation.
- Sexual Slavery: Although less documented, evidence suggests instances of women being held in sexual servitude.
Crucially, the violence wasn’t random. It was frequently enough targeted based on ethnicity, political affiliation, or perceived support for the opposing side. The ITJP’s research highlights a pattern of security forces specifically targeting Tamil women suspected of association with the LTTE.
Obstacles to Accountability
Despite numerous investigations and commitments to justice, accountability for CRSV in Sri Lanka remains elusive. Several interconnected factors contribute to this failure:
Lack of Political Will
Successive Sri Lankan governments have consistently resisted robust investigations into alleged war crimes, including CRSV. This resistance stems from a desire to protect members of the security forces and maintain national unity, often at the expense of justice for survivors. The withdrawal of Sri Lanka from the UN Human Rights Council resolutions in 2023 further demonstrates this lack of commitment.
weak Legal Framework and Institutional Capacity
Sri Lanka’s legal framework,while possessing provisions addressing sexual violence,lacks specific legislation criminalizing CRSV as a distinct offense. This makes prosecution challenging.Furthermore, the police and judiciary often lack the training and resources necessary to effectively investigate and prosecute these complex cases. The specialized women and child rights units within the police are often understaffed and lack adequate forensic support.
Witness Protection Challenges
Survivors and witnesses face significant risks when coming forward, including intimidation, threats, and social stigma.Sri Lanka’s witness protection programme is inadequate, and many survivors fear retaliation from perpetrators or their associates. The ITJP has documented numerous instances of survivors being harassed and re-victimized after reporting crimes.
Destruction of Evidence
Years of conflict and subsequent government actions have resulted in the destruction of crucial evidence, hindering investigations. Military records have been tampered with or destroyed, and crime scenes have been compromised. This makes it incredibly tough to build strong cases against alleged perpetrators.
Pathways to Accountability: A Multi-Pronged approach
Achieving accountability requires a comprehensive and sustained effort involving multiple stakeholders. Here are key steps:
Strengthening Domestic Mechanisms
- Enacting Specific Legislation: Criminalizing CRSV as a distinct offense under domestic law.
- Investing in Training: Providing specialized training for police, prosecutors, and judges on investigating and prosecuting CRSV cases.
- Improving Witness Protection: strengthening the witness protection program and ensuring the safety
