Transitional justice, though heavily problematised, is a burgeoning and transforming field. However, apart from when atrocity crimes such as genocide are committed, it remains negligent of the rights and positionality of non-dominant ethnic, religious and linguistic groups. Sri Lanka, which recently attempted transitional justice, offers a useful case study of the role of identity and minority positioning in conflict related crimes and victim and perpetrator status. Through empirical research in conflict affected parts of the country this article demonstrates this specific minority dimension, including the differential justice demands of ethnic and religious groups, and analyses how neglect of these factors affected the country’s transitional justice process. It also challenges assumptions on the neutrality of a majoritarian ethno-nationalist state in delivering transitional justice to all communities. Though also a contested topic, the article builds on the minority rights framework and proposes an approach to ensure identity groups are actively included in transitional justice and their rights are protected. It concludes that such an approach is crucial, in line with critical transitional justice, to ensure transformative change by guaranteeing equality and non-discrimination, responding to structural violations, and striving towards non-repetition and meaningful reconciliation.
Mihlar, Farah
School of Architecture
Year of publication: 2024Date of RADAR deposit: 2024-09-18