What is a truth commission?
A truth commission investigates human rights violations and crimes that have taken place during a specific period of violence and conflict in the past. It aims to identify the causes and consequences of violations that took place during that period through testimonies from victims, witnesses, and perpetrators. The commission will conclude with a final report containing an account of investigations and recommendations to prevent such violations being repeated.
How can a truth commission help victims of violations?
- Repressed communities are given a voice and agency
- Acknowledgement of violations that go unseen (first step in justice)
- Recommendations give the potential for further justice
- Helps build empathy and understanding among divided communities
- Culture of silence can be changed to create a more open, transparent environment, showcasing the government’s commitment to reconciliation and equality
- Making recommendations for non-recurrence
Why is it necessary to establish the proposed CTUR?
The impact of conflict goes beyond the physical destruction to life and property, encompassing more unseen and traumatic experiences. These effects are deep seated and long lasting. If victims are silenced and their grievances left unaddressed, that can leave long lasting scars among our communities, creating a future of mistrust and disharmony.
A long term solution for peaceful and equitable development requires creating an environment for truth-telling and truth-seeking. A national effort to record testimonies, acknowledge violations and offer justice, is therefore critical. The government of Sri Lanka has already established the Office on Missing Persons (OMP), the Office for Reparations (OR) and the Office for National Unity and Reconciliation (ONUR). The establishment of above organisations is part of a broader reconciliation framework that aims to address violations of the past, bring closure to victims, and build a stronger future, together.
How will the CTUR be established?
The proposed Commission for Truth, Unity, and Reconciliation will be established as an independent commission by an Act of Parliament.
The draft bill has been gazetted (Link) containing the legal and policy framework of the Commission, and is open for comments and observations by stakeholders. The ISTRM will consider the comments and observations received from stakeholders and make appropriate suggestions where changes may be necessary to the draft bill.
Members of the Commission will be appointed by the President on the recommendation of the Constitutional Council.
What are the powers and functions of proposed CTUR?
The powers and functions include;
- Prioritize proceedings to promote peace, reconciliation and non-recurrence
- Learn from the work of other bodies (previous commissions)
- Obtain assistance from State authorities, police, community leaders and the government including cooperation from foreign States
- Refer matters to the relevant law enforcement or prosecuting authorities
- Enter into agreement with persons or entities (OMP, OR, ONUR) to fulfil the Commission's objectives
- Admit any evidence for truth seeking, search and inspect identified premises, receive information in confidence from any person
- Conduct closed/public sittings
How is CTUR different from any other previous commisions?
Established by an Act of Parliament : The CTUR will be an independent entity established by law which could continue with its mandate irrespective of changing governments.
Victim-centric : The CTUR will carry out its mandate in a victim-centric manner and will make recommendations on addressing the grievances of the victims and preventing recurrence of conflicts in the future.
Recommendations by previous commissions : The CTUR will consider the recommendation made by previous commissions and take appropriate steps towards implementing the same.
Other key features : The recommendation made by the CTUR will be guided by an advisory body consisting of local and international experts. Further, a monitoring committee will be established to monitor the implementation of the recommendations made by the CTUR. Recommendations of the CTUR will be submitted to the parliament through the President and shall also be published.