The Significance of Economic Social and Cultural Rights in Post War Reconciliation Process of Sri Lanka

Abstract

The transitional justice process of Sri Lanka after its thirty year ethnic conflict has received international attention. The main objectives of the process are social reconstruction, reconciliation and prevention of recurrence of hostilities. Seeking and addressing the root cause of the conflict is the primary function of the transitional justice process. The international community is increasingly recognizing the importance of addressing the economic, social and cultural rights in transitional societies. There is an intrinsic link between the civil and political rights violations and economic, social and cultural rights violations. However, similar to many other postwar societies, Sri Lanka views the latter type of rights as aspirational goals and in a state-policy dimension. In order to attain the objectives of the transitional justice process effectively, Sri Lanka could take inspiration from other transitional societies such as Colombia, Sierra Leone, and Timor-Leste and include these rights in transitional justice mechanisms such as truth commissions, judicial processes and institutional reform.