Politics of Enforced Disappearances in Sri Lanka

In 2016, I participated in research focused on gathering information about reconciliation mechanisms in post-war Sri Lanka. During one of the interviews, a Tamil mother, from the Eastern part of the country, broke into tears as she shared her story. Her son had disappeared, and, according to some of the neighbours, he was apparently abducted by a paramilitary group. Her story goes as follows: After hearing the news, she began searching for her son and went to the police station to file a case. However, police refused to file the case and directed her to a military camp. In the military camp, she was directed to an officer, who took her to a room with scattered flesh and blood stains. Then the officer, pointing to the room has told the lady that, ‘This is your son’.

In another instance, in the same year, while we were working in Kurunegala, an elderly mother, wearing a white saree, approached us and shared her story. She held a stained envelope, and when she carefully took out a piece of paper, related to her son, she broke into tears. She handled the paper with such tenderness, as though it were a part of her son himself. Her son was abducted by a para military group in 1989 and never returned.

These two stories have remained deeply etched in my mind for several years, leaving a lasting impact. Now, with the release of the Batalanda Commission Report, which sheds light on the atrocities committed during a dark chapter of Sri Lanka’s history, coupled with the release of the movie ‘Rani’, there is renewed attention on enforced disappearances. These disappearances, which were once shrouded in silence and denial, are now gaining significant traction among the public. Thus, it is timely to discuss the stories of enforced disappearances and the political dynamics surrounding them.

The Effect

Enforced disappearance is often employed as a strategy of terror, deliberately designed to instil fear and insecurity within a society. The tactic goes beyond the direct impact on the immediate family members of the disappeared individuals. The psychological and emotional toll on these families is profound, as they are left with uncertainty, grief, and often a sense of helplessness. However, the effects of enforced disappearance extend far beyond these immediate circles. It creates a pervasive atmosphere of fear that affects entire communities, undermining trust and cohesion. The mere threat of disappearance looms over the population, causing widespread anxiety and eroding the sense of safety that is essential for the social fabric to thrive. The fear it engenders forces people into silence, discourages activism, and ultimately weakens the collective spirit of resistance against injustice.

Absence of the body

For years, the families and loved ones of the disappeared hold on to a fragile hope, clinging to the belief that their loved ones may still be alive. The absence of a physical body leaves room for uncertainty and unresolved grief, creating a painful paradox where the possibility of closure remains out of reach. Without the tangible proof of death—such as a body to bury or mourn over—the search continues, driven by the hope that one day they will find answers. This absence extends beyond just the physical body; it symbolizes the void left in the lives of the families, as they are left in a perpetual state of waiting, unable to fully mourn or heal. The constant uncertainty fuels a never-ending cycle of searching, questioning, and longing.

Making a spectacle of unidentified bodies

In 1989, as a small child, I found myself surrounded by an atmosphere that was both suffocating and frightening, filled with sights and sounds that I couldn’t fully comprehend at the time, but that would forever leave a mark on my memory. I can still vividly recall the smell of burning rubber that hung thick in the air, mixing with the acrid scent of smoke that lingered long after the flames had died down. The piles of tyres, set ablaze, were a regular feature of the streets where I lived. Yet, it wasn’t just the sight of the burning tyres that etched itself into my consciousness. As the flames raged on, the shadows of bodies emerged—neither completely visible nor entirely hidden.

Though my parents tried their best to shield me from the horror outside our home, I would sneak a peek whenever I thought no one was watching, desperate to understand the meaning behind what was unfolding before me. It was as though I knew something important was happening—something I couldn’t yet comprehend but could feel in the very air I breathed. I understood that the flames, the smoke, and the bodies all signified something far greater than I could put into words.

The burning piles of tyres—and, of course, bodies—which people spoke of in hushed tones, served as a chilling spectacle, conveying the threatening message the government sent to the public, especially targeting the young rebels and anyone who dared to challenge the state

Unable to seek justice

The absence of the body makes justice seem like a distant, unreachable concept. In cases of disappearance, where no physical evidence of the victim’s fate exists, the path to justice is often blocked. Without the body, there is no concrete proof of the crime, no tangible evidence that can be presented in court, and no clear sign that a crime was even committed. This leaves families and loved ones of the disappeared in a state of uncertainty, with no clear answers about what happened to their dear ones. As a result, families are forced to live in a limbo, where their grief is ignored and their calls for justice are silenced.

Undemocratic actions under a Democratic Government

Governments are meant to serve and protect the people who elect them, not to subject them to violence, fear, or oppression. Irrespective of the situation, no government, under any circumstances, has the right to make its citizens disappear. A government is a democratically elected body that holds its power and authority through the consent of the governed, with the explicit responsibility to safeguard the rights, freedoms, and lives of its citizens. When a government starts to take actions that involve the arbitrary killing or disappearance of its own people, it betrays the very principles it was founded upon.

The act of making people disappear and killing represents a fundamental breach of human rights and the rule of law. These are not actions that belong to a legitimate government that is accountable to its people. Instead, they signal a state that has become corrupt and tyrannical, where those in power are no longer bound by any ethical or legal standards. When the government becomes the perpetrator of violence against its own citizens, it destroys the trust between the state and the people, undermining the core foundation of democracy.

In such a scenario, the authority of law collapses. Courts become powerless, and law enforcement agencies are either complicit in the wrongdoing or rendered ineffective. This breakdown in legal authority does not just mean a failure to protect the rights of individuals; it signals the descent of society into anarchy. When the government wields power in such a violent and oppressive way, it erodes the social contract. When this relationship is violated through actions like disappearances, those in power essentially declare that they are above the law, which leads to a breakdown of social order. It no longer becomes a state that works for its people but rather a regime that rules through fear, repression, and violence.

by Dr. Anushka Kahandagamage