Challenges of the families of enforced disappearance victims on access to reparation : a study on Sinhala families connected to JVP insurrections

Abstract

The International Convention for the Protection of All Persons from Enforced Disappearance guarantees the right to reparation for the families of the disappeared. However, Sinhala families of the disappeared in Sri Lanka are unable to exercise their right to reparation because they face challenges while accessing reparation. These obstacles led to their economic and social marginalization, leaving these families physically and emotionally vulnerable. Therefore, this research aims to identify the challenges faced by Sri Lankan Sinhala families of the disappeared in their pursuit of reparation. This paper's research analysis was based on a case study methodology, and qualitative research predominated. The analysis relied on both primary and secondary data sources. Six family members of the disappeared from Galle District in Sri Lanka and four other stakeholders provided the primary data. The secondary data was gathered from articles, journals, and reports published by international and local NGOs and the Office on Missing Persons. This research revealed several challenges that prevented the families of the missing from exercising their right to reparation. The challenges have been split into two primary categories: the failure of national mechanisms and the struggle within the Sinhala families of the missing that escalated the challenges while accessing reparation. Under the struggle within the families, the research study found that the vulnerability of the families of the disappeared, such as economic difficulty, physical vulnerability, and being a woman-headed family, placed challenges for the families while accessing reparation. Moreover, it also found that lack of support from their family members and their knowledge on the right to reparation also placed additional challenges on the families of the disappeared while accessing reparation. This paper concludes that the Sinhala families of the disappeared have encountered challenges while accessing reparation and they have struggled to lead normal lives for over three decades. Therefore, this paper recommends that Sri Lankan national mechanisms to provide reparation for families of the disappeared be strengthened, and they should be independent. Moreover, government institutions should consider the internal factors of the families that create difficulties in accessing reparation when designing their reparation schemes. In addition, the second and third generations of the Sinhala families of the disappeared should support their elders in their efforts to seek reparation. Local civil society organizations and NGOs can play a significant role by organizing a program to educate young people about the past, the gravity of enforced disappearance, reparation, and the significance of preventing a recurrence. Implication of the thesis: This research will contribute to the research gaps related to the Sinhala families of the disappeared in Sri Lanka. This research will reveal their challenges on access to reparation, and the study's recommendations will help to curtail those challenges in the future. Also, this research will reveal the understanding of the Sinhala families of the disappeared on reparation. Therefore, the research findings will be helpful for the NGOs and INGOs who work on the disappearances issues in Sri Lanka to know the perspective of Sinhala families on reparation and design programs for the families, including educating those families regarding reparation. Furthermore, the research findings will help the Sri Lankan government institutes, including the Office on Missing Persons and the Office for Reparations, that work on disappearances issues to design reparation programs for the families.