Almost certainly, reconciliation and accountability for atrocities and human rights violations will be losers should Gotabaya win. Under the Rajapaksas’ watch, thousands of Tamils disappeared in the final years of war – including hundreds who surrendered to the army on the last day of fighting in May 2009 and were never seen again. When asked at a 15 October press conference about their fate and how he would respond to the continued appeals of their families for the truth about what happened to them, Gotabaya denied anyone was unaccounted for after surrendering. When pressed, Gotabaya asserted there was no point in looking to the past and said he was running to be “the president of the future Sri Lanka”. At the same press conference, Gotabaya announced he would not recognise or honour commitments on post-war accountability and reconciliation the current government made to the United Nations Human Rights Council in 2015.
For Tamils especially, but also Sinhalese and Muslim victims, being asked to forget is both painful and impossible. The current government’s failure to investigate or press the army to provide answers about the disappeared has kept families’ wounds fresh. The Office of Missing Persons, established in 2018 to fulfil a government’s pledge to the UN, is still struggling to become effective. The police and army, whose assistance is necessary to establish the truth, will likely continue to resist the Office’s work under any scenario. Many expect Gotabaya will formally dismantle the Office of Missing Persons should he be elected.
The last five years represent a lost opportunity to help Sri Lanka recover from the war that ended a decade ago. The broad, multi-ethnic and multiparty coalition that came to power in presidential and parliamentary elections in 2015 promised to strengthen the rule of law and tackle the culture of impunity engendered by the nation’s long history of political violence. They restored a degree of independence to the police and judiciary, and journalists as well as civil society activists have made the most of their increased freedom. Chances for more lasting reforms, however, and for prosecutions of the many high-profile cases of corruption, murder, and disappearances during the Rajapaksa period, were frittered away in partisan battles between President Maithripala Sirisena and PM Wickremesinghe. The government’s failure to make decisive changes has left Sri Lanka’s citizens – and its still-fragile institutions – at risk.
A Premadasa win is no guarantee of turning the page on Sri Lanka’s violent past. His election manifesto contains some positive proposals – including creation of an independent prosecutor – but his career has not suggested deep commitment to accountability or reconciliation. His popularity derives from his single-minded focus on the many housing developments his ministry has built and the sense that he cares about average and poor Sri Lankans. During the campaign, he has attempted to match Gotabaya with vows to “eradicate terrorism” and impose the death penalty on drug dealers. Despite this posture and widespread disappointment with the UNP-led government among minority voters and democratic activists, many of them see a Premadasa victory as essential to keeping open Sri Lanka’s fragile space for dissent and pluralism. With the backing of the main Tamil and Muslim parties, Premadasa has also challenged Gotabaya on the crimes and abuses committed during the Rajapaksa years, warning voters of the risks a new Rajapaksa government would carry.
Whether Gotabaya or Premadasa wins this next election, building the independent institutions needed to end impunity will be essential to ensuring lasting peace in Sri Lanka. For external supporters of human rights and democratic freedoms in Sri Lanka, their main leverage will be found in Sri Lanka’s need for help from the International Monetary Fund and other multilateral and bilateral agencies with its struggling economy and dangerously high foreign debt. Vulnerable human rights defenders and opposition politicians will also need political support from outside the country as they continue their quest for truth and justice for past atrocities.
Alan Keenan