The Context
As Sri Lanka makes its way from a phase of post-war to post-conflict, the potential, the challenges and the successes are worthy of reflection. The time is fitting not only because it is exactly three years since the defeat of the Liberation Tigers of Tamil Ealam (LTTE) but also because considerable events, circumstances and eventualities of significance have transpired for this nation in transition.
The aim of this article is to highlight key progress that has been made within the country, irrespective of the actors involved, but rather from the perspective of the hope that has dawned for the future of both the nation and its peoples. The challenges that remain to be addressed, the lacunae that beg to be filled and more importantly the sustainability and consolidation of the dividends that come with the ending of a three-decade conflict are highlighted constructively, with the objective of fostering both national and international discourse on Sri Lanka, to inform processes of governance, provide direction and inspire action for rebuilding the country – a country that yearns for a stable future with the full realization of potential for all its peoples.
I. CONSOLIDATING PEACE AND ENSURING SUSTAINABILITY OF ITS DIVIDENDS
The engagement of the Government of Sri Lanka and the Tamil National Alliance, the main Tamil political party, in talks at arriving at a political settlement commenced with considerable interest on both sides, while awakening hope in the citizenry of a new era of peace to be beckoned. However, the talks have reached a stalemate. There is a need at present requiring the casting aside of political rivalries on both sides, to ensure that a framework of peace and understanding for both the majority Sinhalese community and the Tamil and Muslim minorities are guaranteed, through the speedy resumption of talks.
The Government of Sri Lanka appointed a Lessons Learnt and Reconciliation Commission (LLRC) following the conclusion of the war, which has completed its term issuing recommendations for a peaceful and sustainable era to be ushered into the country. The LLRC report calls upon the Government of Sri Lanka to, among others, arrive at a political solution. The home grown mechanism, that was developed to reflect upon and recommend action, drew on solicited and unsolicited submissions from the public in all areas of the country and hence has been hailed for its credibility and transparency. The final report has been tabled in Parliament and remains to be implemented.
Pursuant to its pledges at the United Nations’ Universal Periodic Review, the Government of Sri Lanka embarked on drafting a National Human Rights Action Plan in 2009. The Action Plan has sought to address the objective of improving the human rights protection and promotion in all aspects, with targets to be achieved in five years. The Action Plan has subsequently been adopted by the Cabinet. The time for implementing the Action Plan has arrived, with repeated calls for same by all concerned for the future of the country. The role of human rights protection and promotion in both peace-building and nation-building cannot be overstated. While upholding civil and political rights help to create in the citizenry a sense of security and belonging to the nation, the fulfilment of economic, social and cultural rights ensures that opportunities are generated through which a connection is felt towards the newly rebuilt state. Such an endeavour is not only beneficial for the citizenry but also for the state as it improves the relationship between the two, strengthening the social contract, and hence contributes to a new culture, structure and system of governance.
Furthermore, a draft National Reconciliation Policy has been prepared by the Office of the Presidential Advisor on Reconciliation which clearly addresses the aspect of consolidating peace in the interests of genuine healing and reconciliation, both comprehensively and convincingly. The Draft Policy has currently been circulated amongst all political parties and Members of Parliament following which consultation with civil society and the public is envisaged before being taken through the adoption process in Parliament.
The three landmark initiatives discussed above, while being key to the nation building enterprise in terms of consolidating peace, have not been the only such of its kind. The following sections discuss other aspects that have been engaged. Before proceeding, however, it is critical to mention, that one of the key challenges to the successful realization of such national mechanisms has been the lack of subsequent implementation, both in terms of machinery and administrative and political will. The lack of implementation has not been due to a lack of local expertise or experience by nationals and interested parties. Rather, what is required is the need to garner the required will and corporate ambition for implementation of such measures, whilst strengthening the machinery of implementation, if national mechanisms are to reach fruition.
Since the end of the armed struggle in May 2009, both organized and natural processes of reconciliation are taking place in Sri Lanka. Experts have opined that that the path to moderation, tolerance and coexistence must be paved as prerequisites for any endeavour to usher in a new chapter for the country based on reconciliation amongst all communities.
In particular, it must be emphasized that there exists the need for an organized process of reconciliation so as to prevent a relapse or resurgence of past animosities that initially led to hostilities. Accordingly, a four pronged strategy can be proposed: The first, second and third has already been completed with the rehabilitation of 11,500 LTTE-rs, the reintegration of 280,000 displaced and the reconstruction of the north and east particularly the Wanni. It is now time for the various sectors to actively initiate programmes on reconciliation highlighting its role in realizing the fourth aspect, namely, the building of relationships between and within communities.
It must be highlighted that the nature of the conflict in Sri Lanka has been one where the Tamil community sought to restructure the State with a view to removing features discriminatory of the minorities as opposed to what has been usually described as a struggle between the Sinhala majority community and Tamil minority community per se. While the Government of Sri Lanka’s efforts in the Northern and Eastern rehabilitation and resettlement processes have been commendable, it is imperative that the important next step is taken, namely, reaching out to the Tamil community to address their concerns and grievances. The Muslim community has oft been caught in the cross-fires and hence need to be taken seriously and made stakeholders in any endeavour to move the country forward to lasting peace and stability. Accordingly, the minority communities too must be urged to reposition themselves – by not only demanding equality but also conducting themselves as equals. One way of doing this is for the minority communities not to speak on issues affecting their respective communities only but also to participate in national issues and lead national campaigns.
II. ECONOMIC DEVELOPMENT BASED ON EQUITABLE PRINCIPLES AND CONFLICT
SENSITIVITY
Since the end of the war much has been done in terms of infrastructure development, restoring commerce and re-establishing administrative structures. While progress has been remarkable, the sustaining of such initiatives as meaningful have not always been evident, what with a lack of proper planning and administrative efficiency. There has begun a national momentum in Sri Lanka to raise awareness on the development of the social conscience of the private sector, following the conclusion of the three-decade war.
It is possible to identify four key aspects for engagement of the business community in the processes of national reconciliation and peace-building. First, livelihood and income generation activities; second, infrastructure development in the North and other conflict-affected areas; thirdly a need for the business community to engage directly with individuals and communities in war-affected regions of the country and finally, to ensure that all endeavours undertaken embrace the vision of preventing economic stagnation which has been at the root of most political conflicts.
There needs to be awareness raised of the existing investment opportunities present in former conflict zones such as Jaffna, where there is an availability of rich natural resources in the region such as limestone, land, groundwater, sea salt, fisheries and agriculture that could be tapped into in order to create industries, income generation and livelihood opportunities. Additionally, the market demand for produce and jobs is increasing with the return of formerly displaced persons to their original habitats. Thirdly, there exists potential for the development of tourism-related infrastructure as Jaffna is gaining increasing currency as a tourist destination, both by locals and foreigners.
The conflict between the north and south of Sri Lanka has been largely due to the lack of economic opportunities. Furthermore, there are considerations that need to be made when decision to invest in the north and the east are taken, namely, that income generation activities must be undertaken in a conflict-sensitive manner ensuring that all communities are given opportunities to participate in the planning of and benefit from the projects. The business community is well placed for developing capacity of potential entrepreneurs by playing a major role in skill building.
Recognition of such a role for the private sector and business community is beginning to emerge in the country. Such recognition needs to be developed further and translated into concrete strategies and action plans by the business community for contributing to the enterprise of nation building.
Although engagement of the business community has been acknowledged as essential for peacebuilding by both the World Bank and the United Nations, a system of rewards to lure early private sector entry has yet to be devised, at the international and national levels. Further, it is recommended that involving the private sector in the larger work of formulating the post-war recovery strategy in Sri Lanka will help generate ownership of the process, and in turn sustainability of outcomes. This would require innovative thinking by both the public and private sectors. The challenge therefore lies in finding new means to make such engagement attractive by establishing appropriate economic and non-economic incentives for investment. Despite their having been private sector investment since the ending of the war in May 2009, it has been with much hesitation and furthermore, chiefly by the large and successful blue-chip companies operating in the country.
The identification of the benefits of early involvement for private businesses in post-war, uncertain and fragile contexts need to be brought to the forefront in any discourse on the role of the business community in reconciliation and peace-building. First, it is a test of the resilience of the sector’s ability to navigate adverse conditions and establish suitable conditions for economic proclivity. Second, it can play a crucial self-serving role in shaping of the market for decades to come by securing preferential rights for early entrants and contributing to developing the legal and regulatory framework in which they will have to operate. Such need to be highlighted to the private sector in Sri Lanka who are still weary of potential fallouts associated with investing in the war-affected regions of the country; and are only now being sensitized to the critical role that they can play in re-building the nation and fostering durable peace.
Sri Lanka’s strategy of building and strengthening a public-private sector partnership to create economic growth in north and east is visionary. That said, much remains to be done in the north and east of the country. At present, the approach has been one of a charitable orientation. There is an urgent need to integrate such investments into the paradigm of the agenda, goal and vision of the private sector and business community, so that they begin to see themselves as one of the stakeholders in bringing the country to economic prosperity and sustainable peace. Although a growing number of companies throughout the world are involved at the early stage of war-topeace transitions, few will be able to sustain their involvement, absent extraordinary profits, unless initiation of the rule of law and institutions practicing good governance soon follow. For this reason there is a business interest in promotion of the rule of law and the development of open markets as a means for creating an environment conducive to doing business.
The challenge now is to promote awareness on how the notions of social justice and peace could in fact be profitable which would in turn lead to it becoming a priority in the business agenda. This would involve minimizing the risk associated with entry of businesses in war-torn areas with uncertain futures. Under these circumstances, there appears a proclivity today to venture forth where a decade ago business would have feared to tread.
A potential nexus that needs to be highlighted as crucial to the development of sustainable peace and reconciliation is the need for economic prosperity in post-war contexts and the role of the businesses in such a national endeavour. In Sri Lanka, the need for economic prosperity or at least movement away from abject poverty and economic hopelessness is pivotal to moving towards reconciliation and peace building if the spirit of peace is to not falter and be extinguished. It is the private sector that can provide in the long-term for economic growth opportunities, jobs and wealth creation.
The second challenge then is how to induce the entry of the business sector at the early years following the end of terrorism in Sri Lanka, being only three years since the armed combat ended. Possible ways of stimulating such an inducement would be to develop commitment within the international private sector to envision that investment abroad would also be an investment in social change. Closely related to this is the need to cultivate a positive attitude towards state structures, administrative structures, public service and international institutions. Hence, these two considerations ought to be integral to Sri Lanka’s foreign policy strategy, which would necessarily involve both direct bilateral and multi-lateral engagement with relevant foreign powers and world bodies.
III. THE RULE OF LAW, HEALING AND RECONCILIATION
The key purpose of reconciliation is to address the underlying suspicion, mistrust and discrimination that has been a manifest and symptomatic of the three-decade conflict that existed in Sri Lanka. Creating a sense of inter-dependence between all communities is crucial if minority communities are to feel a connection to the newly rebuilt nation. In this connection, two positive developments in the current political context are worthy of note – increasing acceptance that the conflict requires a political settlement as opposed to the view that it is only a terrorist problem; and rather than operating through a top-down approach of political patronage and proxies there is now a recognition of the need to engage elected representatives of the Tamil community in the nation building endeavour.
The recognition of a need for reconciliation in post-war Sri Lanka has been reflected by the appointment of a Presidential Advisor on Reconciliation. Prof Rajiva Wijesinha assumed duties last year and, inter alia, has been involved in setting up District Reconciliation Committees in the former conflict regions of the country while leading the formulation of a Draft National Policy on Reconciliation which has been released in March 2012, and is set to be taken through a process of consultation with political parties and civil society, with the aim of leading up to a formal national adoption process.
Acknowledgement of the need for a collaborative effort for successful and genuine reconciliation has been reflected in the inauguration of a series of national conferences on reconciliation convened by the Lakshman Kadirgamar Centre for International and Strategic Studies, Sri Lanka’s national think tank. The series of specialist seminars on the various aspects of reconciliation engages the several stakeholders to the process, creating awareness, sensitization and space for networking and future collaborative efforts on reconciliation. Furthermore, there have been a range of civil society initiatives and dialogue forums on reconciliation engaging the various dimensions, including, accountability, justice, peace, the spiritual perspectives, the military perspectives, the political perspectives, the economic perspectives and the devising of national historical narratives of the conflict as a tool for conflict resolution.
While both natural and organized reconciliation are underway, it must be remembered that reconciliation is both a process and a goal. Hence, it will necessarily require time and space to bear fruit. Reconciliation cannot be imposed or forced on a nation as an event. It requires both a strategy and a systematized response mechanism by the state and other stakeholders to deal with the likely obstacles that will emerge along the way.
Another aspect of nation-building that requires immediate attention in Sri Lanka is the promotion and protection of the rule of law. The rule of law should be considered as the the bedrock for achieving a democratic and economically developed society.
Where States are viewed as having open transparent laws and economic markets, the likelihood of receiving outside investment and increased economic growth is high. This, in turn, boosts investment and sustainable development. That said, more than having the laws in place is needed. The political will has to be garnered or else the efforts will be hindered.
The rule of law ought to be promoted as the method by which development, democratisation and good governance is to be achieved due to the links which institutions and advocates bring into its definitional scope. By addressing the mechanisms and infrastructure which prevents equality and civilian participation in the political and economic process, Sri Lanka could potentially become both democratic and developed.
CONCLUDING REFLECTIONS
Sri Lanka has undoubtedly been through a difficult and devastating period in its history. That said, the need to cultivate and capitalize on the crucial aspect that unites all its peoples – the common identity of being Sri Lankan, is imperative in the ultimate analysis of moving the nation forward to a sustainable and durable peace and prosperity. It is time to celebrate similarities and preserve the differences that in turn contribute to strengthening the national identity of being Sri Lankan. It makes one realize that it is in fact the different cultures, religions and ethnicities that converge into a ‘melting pot’ and is what indeed makes for a Sri Lankan.
The notion of Sri Lankan is then not an identity separate from each of the differences. Rather, it is an identity that has resulted from the combination and cohabitation of the various identities. If each citizen sees that being Sri Lankan does not necessitate the need to give up their own identity or multiple identities but rather that the notion of being Sri Lankan subsumes all such identities, we will then reconcile our differences more easily. For what affects the individual and separate identities will in turn affect the common identity of all.
The approach to healing and reconciliation as echoed by scholars such as Martha Minow has been that of adopting a path of moderation. As such she declares the wisdom in adopting an approach that is ‘Between Vengeance and Forgiveness…’ as the path to achieving lasting healing and reconciliation. As any model for healing and reconciliation based on revenge would only foster more evil and hatred descending into a spiral of further divisiveness, any model purely based on a blank check of forgiveness is believed to promote further impunity coupled with invalidating feelings of loss and suffering and having the reverse of restoring dignity on victims. While justice, accountability, and political solutions are imperative for the nation building strategy, they must be Lankan-led to ensure local ownership and buy-in to the process which will contribute significantly to sustainability of outcomes.
Any country recovering from decades of conflict must put a strategy in place to prevent the relapse into violence. No country should take peace and security for granted. The stabilization strategy should seek to influence the general population where the very conflict emerged.
Moreover, it is important for all sectors of society – and, in particular, minority groups –to be able to feel a connection to the newly rebuilt nation. In the absence of such a sense of belonging, it is inevitable that civil unrest will return. If human rights are able to help citizens and other peoples within the nation to feel safe and secure in their environment, then civil unrest is much less likely to occur. For this reason, human rights should be considered to be an important part of the nation-building process and imperative to sustaining the dividends of peace.
Ultimately, it is a home gown political process addressing the economic social and political grievances and aspirations, acceptable to all sections of society, that will address the critical aspects of nation building – a nation that yearns to metamorphoses into one that sees its strength in multiculturalism and diversity.
By Salma Yusuf
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