Deliberate Denial of Justice for Sri Lanka’s Tamil Victims of Enforced Disappearances

Enforced Disappearances of Eelam Tamils in Sri Lanka

Introduction

Enforced disappearance – the state-sanctioned abduction of a person followed by refusal to acknowledge their fate – has been a devastating phenomenon in Sri Lanka for decades. The country’s 26-year armed conflicts (1983–2009) between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) left tens of thousands of ethnic Tamils missing. Sri Lanka gained the grim distinction of having one of the highest numbers of enforced disappearances in the world, second only to Iraq. Estimates by rights organizations and the United Nations indicate at least 60,000 and as many as 100,000 people may have been forcibly disappeared since the 1980s. Most of the victims were Eelam Tamils from the North and East, who vanished during the armed conflicts’ three decades. This report examines the historical, social, and political context of these disappearances, the profound impacts on victims’ families and communities, and ongoing efforts – both domestic and international – in the pursuit of truth, justice, and accountability.

Historical Context: War and Disappearances in Sri Lanka

Post-Colonial Tensions and Rise of Tamil Militancy: After Sri Lanka’s independence in 1948, ethno-political tensions grew between the Sinhalese majority and Tamil minority. Sinhala-Buddhist nationalism became institutionalized through language and citizenship policies in the 1950s–1970s, marginalizing Tamils. This led to peaceful Tamil protests and demands for regional autonomy. However, anti-Tamil pogroms – most horrifically “Black July” 1983, when mobs killed and displaced thousands of Tamils – fueled Tamil youth to accept arms. The LTTE emerged as the dominant militant group fighting for an independent Tamil Eelam state in the North-East.

Armed conflicts and Systematic Disappearances: The armed conflicts that erupted in 1983 was marked by brutal counterinsurgency by Sri Lankan security forces, including widespread enforced disappearances targeting Tamil civilians suspected of rebel links. From the 1980s through 2009, Sri Lankan military, police, and affiliated paramilitary groups routinely “disappeared” Tamil people as a tactic to terrorize the population and quash dissent. Victims were often taken by armed men (frequently in unmarked “white vans”) and never seen again. Such abductions occurred even during curfews, underscoring the climate of impunity enjoyed by perpetrators. Mass grave discoveries (e.g. Chemmani in Jaffna, 1999) later revealed the fate of some who had vanished.

Janatha Vimukthi Peramuna (JVP) Insurrection: In the late 1980s, the south of Sri Lanka was convulsed by a Marxist Sinhalese uprising (the JVP insurrection, 1987–89). Government forces brutally suppressed it, and thousands of mainly Sinhalese youths had also forcibly disappeared during that period. Thus, enforced disappearances became a dark fixture of Sri Lanka’s conflict history, affecting multiple communities.

Final Phase of War – Mullivaikkal 2009: The war culminated in May 2009 on the beaches of Mullivaikkal in Mullaitivu. As the Sri Lankan Army crushed the LTTE, tens of thousands of Tamil civilians were killed and many who survived were taken into custody. In the war’s chaotic final days, scores of LTTE fighters and Tamil civilians surrendered to the military – including women, children, and the elderly – after being promised safety. Instead of release, most of these surrendering Tamils had disappeared; families handed over relatives to the army, only for them to never be seen again. This mass disappearance in May 2009 remains one of the most traumatic chapters for Eelam Tamils. Many photographs and videos from the war’s end (e.g. showing surrendered young men in army buses) are the last evidence families have of their loved ones. Fifteen years later, their whereabouts are still unknown.

Post-War Abductions: Despite the war’s end, enforced disappearances did not cease in Sri Lanka. For several years afterward, “white van” abductions continued, targeting Tamil ex-militants, activists, journalists, and even critics from the Sinhalese community. Under the guise of anti-terror operations, security forces abducted people accused of LTTE links or government opposition, often torturing and killing them in secret detention. Notably, in 2010–2014, reports surfaced of clandestine camps and “secret detention centers” where Tamils who had surrendered were allegedly held or executed. By 2016, Sri Lanka still had the second-highest number of unresolved enforced disappearance cases globally registered with the UN Working Group on Enforced Disappearances. Successive governments, however, denied the extent of the issue, with one President in 2020 even claiming that the missing are “all dead” without providing evidence. This official denial compounded Tamil families’ anguish, as the state failed to acknowledge their losses.

The Scale and Patterns of Enforced Disappearances

Toll on the Tamil Population: Enforced disappearance in Sri Lanka has been massive in scale and disproportionately inflicted upon the Tamil minority. Amnesty International (2017) estimated at least 60,000 to 100,000 people had disappeared since the late 1980s, the majority of them Tamils from the war-torn north and east. The UN Working Group on Enforced or Involuntary Disappearances (WGEID) reported that Sri Lanka has over 6,000 outstanding disappearance cases on its books – the second highest in the world after Iraq. These figures underscore that almost every Tamil family in the North-East has been affected, either having a missing relative or knowing someone who does.
Typical Victims: During the war, those disappeared included young Tamil men suspected of being LTTE cadres or sympathizers, but also civilians of all ages and genders: students, professionals, clergy, even children and infants. In the final war phase, entire families were taken; eyewitnesses recount seeing even babies and children among the disappeared, as evidenced by children’s remains later found in mass graves. After the war, returning refugees, ex-LTTE members undergoing rehabilitation, journalists (e.g. cartoonist Prageeth Eknaligoda in 2010), and outspoken civil society members were targets of abduction. Victims span all ethnicities (Tamils, Sinhalese, Muslims), but Tamils comprised the vast majority of wartime disappearances.
Perpetrators and Methods: State security forces – the Sri Lankan Army, Navy, Police, and the paramilitary units linked to them – have been implicated in most enforced disappearances. Government troops would often raid homes or checkpoints and take away individuals, or pick up people in unmarked vehicles on the streets. The notorious “white vans” became a symbol of fear; these were vehicles without license plates used to abduct people in broad daylight, especially during the mid-2000s escalation. According to victims’ families, armed men in plainclothes or uniform would suddenly grab the person, often telling relatives they were needed for “questioning,” then never return them. The LTTE too engaged in abductions (of rival Tamil activists, suspected informants, etc.), which independent observers note were “tantamount to enforced disappearances” as well. However, the scale of LTTE-attributed cases was far smaller than those attributed to state forces.
Evidence and Mass Graves: In the absence of bodies or official records, evidence of these crimes has slowly emerged through excavations and eyewitness testimony. Over 30 mass graves have been uncovered across Sri Lanka since the 1990s. For example, the Mannar mass grave discovered in 2018 contained over 300 skeletons, including children – pointing to a massacre of local Tamils. A mass grave in Mullaitivu found in 2021 held remains in military uniforms from the 1990s, likely LTTE fighters summarily executed. These sites corroborate accounts that many disappeared people were killed and buried secretly. Nevertheless, most families have received no remains to mourn over and no official confirmation of death or survival. Enforced disappearance is considered an “ongoing crime” under international law – it continues until the person’s fate is revealed. Sri Lanka’s tens of thousands of unresolved cases thus remain an open wound to this day.

Social and Political Context

Tool of Ethnic Oppression: Enforced disappearances in Sri Lanka must be understood in the context of the ethnic conflict and state repression. During the armed conflicts , the predominantly Sinhalese government used disappearances as a weapon of terror primarily against the Tamil population. This practice instilled fear, suppressed political dissent, and punished the Tamil community collectively for the insurgency. State security forces and allied Tamil paramilitaries (like the EPDP and others who opposed the LTTE) were accused of abducting countless Tamil civilians to eliminate suspected rebel supporters. According to the UN Office of the High Commissioner for Human Rights (OHCHR) in 2024, disappearances in Sri Lanka were “used primarily by Sri Lankan security forces and paramilitary groups as a tool to intimidate and oppress perceived opponents”. This created a climate where Tamil civilians lived in constant fear of sudden vanishing, especially in militarized zones.

Militarization and “Sinhalization” of Tamil Areas: The heavy military presence in the North-East also contributed to the phenomenon. Large swathes of the Tamil homeland were under military occupation during and after the war. Even after 2009, Sri Lanka maintained a high soldier-to-civilian ratio in Tamil areas, running checkpoints and surveillance operations. Tamil locals allege that the state pursued a project of demographic and cultural change (“Sinhalization”) in the North-East, accompanying it with repression of Tamil rights. Families searching for their missing loved ones have faced military surveillance, harassment, and intimidation, indicating that security forces continue to view them with suspicion or hostility. The political dominance of Sinhala nationalist leaders, including the Rajapaksa family, has meant that Tamil grievances over the disappeared are often met with indifference or denial at the highest levels. For instance, in 2019-2020, President Gotabaya Rajapaksa (a former defense secretary implicated in war abuses) downplayed enforced disappearances, suggesting many missing Tamils had likely died or fled overseas. This official stance exacerbated the distrust between Tamil victims’ families and the government.

Impunity and Failed Domestic Responses: A striking aspect of Sri Lanka’s enforced disappearances is the near total impunity enjoyed by perpetrators historically. Successive governments established various Commissions of Inquiry since the 1990s to examine disappearances – but these yielded little justice. According to human rights observers, commission reports were rarely made public and serious criminal prosecutions almost never followed, despite thousands of cases documented. The entrenched power of the military and political unwillingness to prosecute security personnel (many hailed as war heroes) resulted in a systemic cover-up. For example, police and army officers accused in high-profile disappearance cases (like journalist Ekneligoda’s case or the abduction of 11 youth by Navy intelligence in 2008) have either not been charged or have been released without trial. This failure of the justice system has convinced many Tamil families that domestic mechanisms are incapable of delivering accountability. It also signals that enforced disappearances were not isolated excesses, but part of state policy, since those responsible were shielded instead of punished.

Social Impact and Stigmatization: Within Sri Lanka’s broader society, the plight of Tamil families of the disappeared has often been marginalized. Post-war triumphalism among some Sinhalese hardliners meant little empathy for Tamil victims, who are sometimes unjustly seen as having been “on the wrong side” of the war. Families of disappeared Tamils have reported being ostracized and shunned in some instances – neighbors or relatives fearing association with them might invite trouble from authorities. Mothers searching publicly for their missing sons have been spied on and threatened, creating a climate of fear within their communities. In the words of one Tamil woman, “We are being harassed for asking the fate of our own children.” Nonetheless, victims’ families have found strength in coming together (across villages and districts) to support one another and keep their cause alive. Over time, a distinct victims’ movement has emerged, led primarily by Tamil women (mothers and wives), that has sustained the quest for truth despite societal and political obstacles.

Evolving Political Will: In recent years there have been some glimmers of change in political rhetoric. Sri Lanka’s current president (as of 2025), Anura Kumara Dissanayake, hails from the JVP – a party whose own members were victims’ of 1980s disappearances. During his campaign, he acknowledged the pain of families of the missing, even recounting that his own cousin had disappeared. This raised hopes among some Tamils that the new government might adopt a more sympathetic approach. Indeed, President Dissanayake has indicated the issue needs addressing as part of Sri Lanka’s reconciliation. However, as of early 2025, Tamil families note that concrete action or direct engagement with them has yet to materialize. Many remain skeptical, recalling past promises by leaders that went unfulfilled. The true test of political will lies in whether the state will move from rhetoric to results – by revealing the truth about the disappeared and holding perpetrators accountable. Until then, the issue of enforced disappearances remains a highly charged and unresolved political matter in Sri Lanka.

Impact on Victims’ Families and Communities

The disappearance of a loved one inflicts immeasurable and enduring trauma on families and the broader community. In Sri Lanka, the Tamil families of the disappeared have endured nearly every conceivable hardship – psychological, emotional, economic, and social – as they live in limbo between hope and despair.

Psychological Trauma and Ambiguous Loss: Families of the missing experience what psychologists call “ambiguous loss” – an unresolved grief with no closure. They oscillate between hope that their loved one might be alive and anguish over the possibility of their death. This prolonged uncertainty is “sheer agony,” as one Sri Lankan journalist wrote, because “they are not sure whether their loved ones are among the dead or the living.” Mothers in particular describe daily mental torment, waking each day wondering where their child is. “It is very difficult to explain the pain of mothers,” says Laxmy, a Tamil woman searching for her son since 2009. “We have fought for a long time without knowing if our children are alive or dead.” Many suffer depression, anxiety, and post-traumatic stress. Some parents carry their children’s photographs everywhere, speak to them as if they might hear, or leave a light on at night in case they return. This unresolved trauma has become intergenerational: children who grew up without a father or mother have also been psychologically affected by the absence and the family’s ongoing grief.
Spiritual and Cultural Impacts: In Tamil culture, performing final rites for the dead is essential for peace of the departed soul. Families of the disappeared are denied even the solace of mourning rituals. As one mother explained, “There are religious rituals we have to do for the peace of the soul... I do it for my dead husband, but I cannot do it for my son” in the absence of knowledge. This spiritual limbo causes deep distress. Many families still prepare special meals or memorials on birthdays or death anniversaries as if their loved one might somehow know, reflecting their refusal to let go. Communities in the North-East hold annual remembrance events (such as the May 18 Mullivaikkal memorial) where the missing are honored alongside the war-dead, indicating that the disappeared are very much present in the collective memory of Eelam Tamils.
Economic Hardship: The disappearance of predominantly male heads-of-household has had severe economic consequences for Tamil families. In many cases, wives and mothers suddenly became sole breadwinners after their husbands or sons were taken. With little savings and few job opportunities in war-ravaged areas, these women struggled to support children and elderly relatives. Kamala, whose son vanished in 2009, recalls “My husband used to take care of everything... After he disappeared, I had to pay for food, clothes, education... I used my daughter’s savings; I had to sell the gold and jewels.” Many survivors had to sell assets, jewelry, or land just to survive, plunging previously stable families into poverty. War widows and mothers of the missing often resorted to informal labor – farming, sewing, roadside vending – which barely provides subsistence income. The Northern Province today has some of the country’s highest poverty and unemployment rates, in part due to the conflict’s social toll. Additionally, years spent engaged in protests and searching for answers take time away from livelihoods, further straining families’ finances.
Social Isolation and Stigma: Families searching for disappeared loved ones often face social isolation. In some cases, they have been excluded from community events like weddings or festivals, because their situation is seen as inauspicious or because they are perceived as troublemakers by authorities. A Tamil mother noted that neighbours stopped inviting her to function once she became vocal in protest – a form of ostracism that added to her pain. Some families also internalize stigma, feeling marked by tragedy. Mothers still looking for missing sons 10+ years later are sometimes labelled as living in denial. Furthermore, the pervasive security surveillance in Tamil areas causes neighbours to fear being associated with activists. Plainclothes intelligence officers often watch and photograph relatives at protests, making others afraid to show solidarity openly. Despite this, there is also a keen sense of community support among the families of the disappeared themselves. They have formed support networks – sharing food, shelter, and emotional comfort during long protest vigils. This solidarity has become a substitute community that mitigates their social isolation from the broader society.
Health Problems and Deaths in Waiting: The protracted struggle has taken a physical toll on many family members of the missing. Constant stress, along with exposure during roadside protests, has led to declining health. Many protestors are elderly parents who braved sun and rain, exacerbating their chronic illnesses. Over the years, a considerable number have died without learning the fate of their loved ones. By 2023, at least 132 relatives of the disappeared had died since the protests began. By 2024, the count rose further – one Tamil association reported 225 aging parents died between 2018 and 2024 awaiting answers. In early 2025, the toll was still climbing; one news report noted 154 participants in the protests had passed away in the past eight years, the latest being a 78-year-old mother who died without ever finding her son. These deaths underscore the heartbreak of elderly parents who spent their final years holding photos of absent children, with hope slipping away only at their last breath. Communities must not only grapple with the original loss but also the compounded grief of losing these mothers and fathers who symbolized the search for truth.
Collective Grief and Trauma in Tamil Society: Beyond individual families, the mass disappearances have left a pervasive sense of grief in Tamil society. Nearly every Tamil in the Northern and Eastern Provinces has a personal story of loss or a connection to someone missing. This has created a shared trauma that defines the post-war experience of Eelam Tamils. Memorialization efforts, such as monuments and remembrance days for the disappeared, have sprung up locally (often in defiance of state disapproval) as a way to acknowledge the collective pain. However, without official truth or acceptance, the community’s trauma remains largely unhealed. Educators and counselors in the region note that children of the disappeared often grow up with lingering emotional difficulties, and the community at large harbors a deep mistrust towards authorities. The fabric of community life – already torn by war – continues to be mended slowly as people cope with loss in the absence of justice.

In sum, enforced disappearances have devastated Tamil families and communities in Sri Lanka. The wounds are visible in the daily hardships of war widows, the empty chairs in homes, the silent vigils on roadsides, and the haunted eyes of parents who have cried for too long. As one distraught mother conveyed, she will continue her quest “as long as I have breath” because a parent cannot simply forget a missing child. Their resilience amid suffering is a testament to love, and their lives will be forever divided into “before” and “after” the disappearance.

Families’ Persistent Struggle for Truth

Confronting immense personal grief, the families of the disappeared – predominantly Tamil mothers and wives – have transformed their sorrow into a sustained struggle for truth and justice. Over the past decade, they have spearheaded one of Sri Lanka’s longest continuous protest movements, becoming the voice of the disappeared and a moral conscience for the nation.

Birth of a Protest Movement (2017): On 20 February 2017, a small group of Tamil mothers in Kilinochchi, fed up with years of official silence, staged a spontaneous roadside protest. They held signs asking in Tamil, “Enga yengal uravugal?” – “Where are our loved ones?” This simple, plaintive question struck a chord. Within days, more families of the missing joined, and similar sit-ins spread to other towns: Vavuniya (Feb 24, 2017), Mullaitivu (March 2017), Trincomalee and Batticaloa in the East, and so on. They formed regional associations which soon banded together as the Association for the Relatives of Enforced Disappearances (ARED) – North-East, providing a united front. These protests, often referred to in Tamil as “porattam” (struggle), have continued without interruption for years, making it possibly the longest such campaign in Sri Lankan history.

Continuous Roadside Vigils: For over 8 years now (2017–2025), Tamil families have maintained daily vigils at tented sites along major roads in the North-East, come rain or shine. They hold photographs of their missing loved ones – fading images of sons, daughters, husbands – and display banners with messages like “Where are they?” and “Tell us the Truth.” Many women wear black saris and carry burning clay pots as in a funeral rite, symbolizing that their lives are on hold until they can perform final rites or see justice done. Protesters also wave black flags (signifying mourning and protest) and sometimes the flags of international bodies (UN, EU, US) to draw global attention. In one demonstration marking the movement’s 8th anniversary in Feb 2025, hundreds of women marched with fire pots and placards, chanting slogans, determined to not let the world forget their missing kin. By February 2025, the families’ protest had reached the grim milestone of 3,000 consecutive days in Vavuniya – a staggering testament to their endurance and dedication.

Demands of the Families: Throughout their struggle, the families’ demands have remained clear and unwavering: Truth, Justice, and Accountability. Specifically, they have asked the Sri Lankan government to: (1) Reveal the fate and whereabouts of their disappeared relatives (even if they are no longer alive, families seek the truth and proper remains); (2) Publish a list of those who surrendered to the army at the end of the war and all detainees held (families suspect many are held in secret detention); (3) Investigate and prosecute those responsible for ordering or carrying out disappearances; and (4) Involve international investigators or bodies, since domestic efforts have failed. They also call for the recognition of enforced disappearance as a crime and acknowledgment of the suffering caused. Notably, the families have collectively rejected monetary compensation or death certificates in lieu of truth. When authorities offered certificates of absence (later death certificates) and 200,000 LKR (about $550) as compensation, many Tamil families refused, decrying it as “blood money” meant to sweep the issue under the rug. As one protest banner starkly put it: “Promises of Compensation are Meant to Conceal Murder.” The families insist that only knowing the truth and seeing justice – not payouts – can bring them closure.

Harassment and Obstacles: The protestors have faced numerous challenges. They operate in a highly militarized environment where security forces often treat peaceful demonstrators as potential “troublemakers.” Over the years, there have been reports of intimidation tactics: protesters being photographed and surveilled by intelligence officers, threatening phone calls in the middle of the night telling them to stop, and even physical attacks or arrests of vocal activists. For instance, women in Kilinochchi reported that plainclothes men on motorbikes would lurk near their protest site and sometimes follow them home, creating a climate of fear. In one case, a mother recounted that an army officer warned her that if she keeps agitating, her “other son would also be taken” – a chilling threat given what she had already lost. Legal harassment has occurred too: police have occasionally attempted to disband gatherings citing lack of permits, or summoned lead organizers for questioning. Rights groups like Human Rights Watch (2021) noted a “campaign of intimidation” by the Rajapaksa government aimed at silencing families and activists, including surveillance and threats of arbitrary detention. Despite this, the families have remained defiant. “Even if you’ve killed him, tell us. We will decide what happens next,” one mother from Mullaitivu said, addressing the authorities, “But do not expect us to simply stop speaking.”

Solidarity and Support: The families’ struggle, while centered in the Tamil homelands, has drawn support from civil society across Sri Lanka. Sinhalese families of the disappeared (from the JVP era and other incidents) have expressed solidarity, recognizing a shared pain. Activists like Brito Fernando, from a Sinhalese missing-persons parents’ group, have stood with Tamil mothers, calling for unity in fighting impunity. Catholic clergy in the North and human rights organizations have often provided the protestors with logistical support – tents, food, legal aid. Tamil diaspora groups around the world have organized rallies on August 30 (International Day of the Disappeared) and lobbied foreign governments, echoing the protestors’ cries of “Where are our loved ones?”. This transnational advocacy amplifies the families’ voices beyond Sri Lanka’s borders.

“Until Our Last Breath”: The movement is largely led by elderly Tamil women, many in their 60s, 70s, or even 80s, who refuse to give up. They often say, “If I die without finding out, my surviving children will continue the fight.” This resolve is poignantly illustrated by scenes of frail grandmothers sitting by the roadside with IV drips attached, or in wheelchairs, protesting despite ill health. Each death of a protester (as noted earlier) is met with both sorrow and renewed determination by others to carry the mantle. Their campaign has impressed upon observers that these families will not be coerced into silence. As one participant declared: “Those responsible should be punished and human rights violations should stop. If this does not happen, the conflict will not go away.” In other words, their fight is not only for personal closure but to ensure no other family in Sri Lanka endures such suffering in the future.

Barriers to Justice and Accountability

Despite the relentless advocacy by victims’ families and extensive documentation of cases, achieving justice for enforced disappearances in Sri Lanka has proven extraordinarily difficult. Systemic impunity, political unwillingness, and flawed mechanisms have so far obstructed truth and accountability.

Lack of Credible Investigations: A fundamental hurdle is that Sri Lanka’s law enforcement and judicial system have failed to conduct credible investigations into the vast majority of disappearance cases. Families who filed police complaints about abductions often encountered indifference or hostility; some were even told by police to “accept compensation and move on.” Over the decades, the government set up several ad-hoc Commissions of Inquiry (CoI) to look into disappearances (notably in 1991, 1994, 1998, and 2007). While these commissions collectively documented approximately 20,000 cases, their findings largely gathered dust. According to a commentary on these CoIs, many reports were never released publicly, and recommendations were not implemented. Crucially, almost no perpetrators were criminally prosecuted as a result. This pattern conveyed a message of impunity at the highest levels. Military and police implicated in disappearances remained in service – some even got promotions. For example, an officer accused in the 2008 abduction and murder of 11 Colombo youth was later appointed a Governor. Such outcomes deeply erode victims’ faith in domestic avenues for justice.

Politicization of Institutions: Institutions that are meant to address disappearances have been undermined by political influence. The Office on Missing Persons (OMP), established in 2017 under the previous reformist government, initially raised hopes. The OMP was empowered to trace missing individuals and clarifying their fate. However, it has since delivered scant results, and its credibility suffered due to government interference. In 2020, President Gotabaya Rajapaksa appointed former military and law enforcement personnel to the OMP, including individuals accused of complicity in cover-ups. Human Rights Watch observed that these appointments “gravely undermined” the OMP’s independence, as families feared the very people responsible for disappearances were now part of the body investigating them. Not surprisingly, the OMP has yet to provide answers in a particular case of a wartime disappearance, and many Tamil families consider it an “inactive mechanism” or even a “sham.” The judiciary likewise has been seen as reluctant to hold the security forces accountable, especially in cases with political sensitivities. Some high-profile cases dragged on for years without resolution, until political pressure led to suspects being acquitted or charges dropped.

Legal Gaps and Delays: For decades, Sri Lanka did not have a specific law criminalizing enforced disappearance. This changed in 2018 when Parliament passed the International Convention for the Protection of All Persons from Enforced Disappearance Act (Act No. 5 of 2018), incorporating the UN convention into domestic law. This law made enforced disappearance a distinct criminal offense and theoretically allowed prosecutions for past cases. However, in the six years since its enactment, not a particular case has been filed under this law. A 2024 inquiry under the Right to Information Act revealed that the Attorney General’s Department had opened zero case files using the disappearance Act, and no suspects had been charged. The reasons include the lack of political will to investigate old cases, and perhaps the challenge of gathering evidence years later. Thus, the legal tool exists on paper, but it remains unused, offering no solace to victims. Another legal obstacle is that many disappearances occurred in the context of armed conflict or counter-insurgency operations, where the state often invokes national security to justify secrecy. Security forces have been known to withhold records or destroy evidence (for example, military logbooks or detention registers), hampering legal accountability.

Intimidation of Witnesses and Advocates: In cases where investigations do inch forward, witness intimidation and lack of witness protection have derailed progress. Given the power imbalance – poor Tamil villagers versus the military establishment – many witnesses fear coming forward to testify about abductions they saw. A culture of fear persists, especially in the North-East where the same military that is accused of past abuses still patrols the streets. Human rights lawyers taking up disappearance cases have also faced threats. Some activists had to flee the country after receiving credible death threats for their pursuit of justice. This climate makes mounting a successful prosecution exceedingly difficult, as key evidence or testimonies are hard to secure under duress.

State Narrative and Denial: An underlying barrier is the Sri Lankan state’s refusal, historically, to acknowledge responsibility for mass disappearances. The official narrative during and after the war often dismissed claims of disappearances as propaganda. The government frequently maintained that any missing LTTE members were either killed in combat or had gone into hiding abroad. This narrative was used to deflect calls for investigations – as exemplified in January 2020, when President Gotabaya Rajapaksa told a UN envoy that “after the necessary investigations, steps would be taken to issue death certificates” for the missing, implying they were all dead. He further claimed that most missing persons had died in the war, shutting the door on pursuing accountability. Such statements, absent proof, or details, felt like an attempt to close the case without truth. Families vehemently protested this, as they did not want their loved ones casually declared dead – they wanted to know how, when, and by whom they died, if indeed they were no longer alive. The state’s persistent denial and misinformation (at times even suggesting some missing Tamils were secretly living abroad) have been a major impediment to truth, as it poisons the discourse and prevents honest fact-finding.

Summary of Domestic Mechanisms and Outcomes: The table below summarizes key domestic initiatives for addressing enforced disappearances and their lackluster outcomes:

Mechanism/Initiative	Timeframe	Purpose	Outcome/Issues
Presidential Commissions of Inquiry	1991, 1994, 1998, 2006	Investigate reported disappearances in various regions.	Collected ~30,000 complaints overall; reports largely unpublished; recommendations mostly ignored; no prosecutions of note. Many victims felt it was a token exercise.
Lessons Learnt & Reconciliation Commission (LLRC)	2010–2011	Broad mandate on war abuses (included disappearances).	Acknowledged some disappearances and recommended investigations. However, no follow-up; seen as insufficient by victims and UN.
Office on Missing Persons (OMP)	Established 2017 (ongoing)	Permanent state body to trace missing persons, issue reports, and recommend remedies.	Minimal progress – as of 2023, has not resolved any cases from the armed conflicts period. Credibility damaged by appointment of alleged perpetrators, leading families to boycott it.
Certificates of Absence & Reparations	2016 onward	Government offered Certificates of Absence (later death certificates) and compensation (~LKR 100,000–200,000 per family).	Many Tamil families rejected these, considering them “hush money.” They demand truth/justice over symbolic payments. Only a few families, mostly outside North-East, accepted.
Enforced Disappearance Act (No. 5)	Enacted March 2018	Domestic law criminalizing enforced disappearance in line with UN Convention.	No cases filed under this law as of late 2024. Authorities have not utilized it to charge any suspect, highlighting a gap between law and implementation.
Proposed Truth & Reconciliation Commission (TRC)	2023 proposal (pending)	Current government’s idea to establish a TRC-style body to address past abuses including disappearances.	Viewed skeptically by victims as a move to delay justice. Fears it may prioritise reconciliation over accountability, similar to earlier commissions. Not operational as of 2025.

Despite these domestic mechanisms, impunity prevails. As Amnesty International observed in 2022, Sri Lanka will not break with its violent past “until it reckons with the cruel history of enforced disappearance and delivers justice”. Thus far, that reckoning remains elusive at the national level.

International Responses and Ongoing Efforts

Given the inadequacy of domestic avenues, families of the disappeared and human rights advocates have increasingly looked to the international community for support. There have been various international responses – from United Nations interventions to foreign governmental actions – aimed at seeking truth and accountability for Sri Lanka’s enforced disappearances.

United Nations Mechanisms: Sri Lanka’s situation has been a focus of the UN Human Rights Council (UNHRC) for many years. In 2015, Sri Lanka (under a different government) co-sponsored UNHRC resolution 30/1, committing to transitional justice measures including truth-seeking and accountability. However, progress stalled, and subsequent regimes reneged on commitments. In response, the UNHRC adopted Resolution 46/1 in March 2021, establishing an innovative approach: it gave the OHCHR a mandate to collect and preserve evidence of human rights violations in Sri Lanka for future accountability processes. This initiative, known as the OHCHR Sri Lanka Accountability Project (OSLAP), is creating a central repository of evidence, including on enforced disappearances. In September 2022, UNHRC resolution 51/1 reinforced this mandate, reflecting the international community’s impatience with Sri Lanka’s inaction. The UN Working Group on Enforced or Involuntary Disappearances (WGEID) has also engaged Sri Lanka – conducting a country visit in 2015 and issuing reports that consistently cite Sri Lanka as a country with an endemic disappearance problem. In its 2021 report, WGEID noted Sri Lanka had 6,259 outstanding cases, urging the government to “pursue the search for truth, justice and reparations” and to protect victims’ families from harassment.

UN High Officials’ Advocacy: Top UN officials have publicly urged Sri Lanka to deliver answers. In May 2024, UN High Commissioner for Human Rights Volker Türk launched an OHCHR report and stated that Sri Lanka “must ensure accountability for decades of enforced disappearances”, emphasizing families’ right to know the truth. The OHCHR report called on the government to acknowledge the involvement of State security forces in disappearances and to issue a public apology to victims’ families – steps seen as essential for reconciliation. Additionally, the UN has declared August 30 as the International Day of the Victims of Enforced Disappearances, and Sri Lankan Tamil families have used this day each year to hold vigils and press their demands, often with messages directed to the UN. For example, in August 2022 and 2023, families wrote to the UN Secretary-General and member states pleading for an international mechanism to help locate the missing and bring perpetrators to justice.

International Judicial Actions: While Sri Lanka has not established any special international tribunal, there have been a few legal moves abroad. Universal jurisdiction (where certain crimes can be prosecuted in foreign courts) has been evaluated: in 2019, a case was filed in Brazil against Jagath Jayasuriya, a former Sri Lankan general and ambassador, alleging responsibility for war crimes including disappearances – though it did not proceed due to immunity technicalities. Tamil diaspora groups, notably the Transnational Government of Tamil Eelam (TGTE), have advocated for referring Sri Lanka to the International Criminal Court (ICC) or another international court for the crime against humanity of enforced disappearances. In Canada, in 2022, the Parliament passed a motion recognizing acts against Tamils in 2009 as genocide and called for an international independent investigation, which Tamil activists hope could cover disappearances as well. These efforts reflect a push to internationalize accountability, given Sri Lanka’s domestic failures. However, ICC jurisdiction is unlikely without either Sri Lanka’s consent or a UN Security Council referral (which is politically complicated). Still, countries are exploring targeted measures: the United States, for instance, has sanctioned a few Sri Lankan military officials for gross rights violations, and these officials being international pariahs builds pressure on Sri Lanka.

Role of Human Rights Organizations: International human rights organizations have been crucial in documenting cases, keeping global attention, and assisting victims. Amnesty International, Human Rights Watch (HRW), the International Committee of the Red Cross (ICRC), and others have published numerous reports on Sri Lanka’s disappeared. For example, Amnesty’s “Only Justice Can Heal Our Wounds” (2017) report profiled families of the disappeared and their needs, and HRW’s updates (2021, 2024) highlighted the government’s intimidation of those families. These organizations often provide submissions to the UN or foreign governments when Sri Lanka’s human rights record is reviewed. The ICRC, which has a special mandate on missing persons, has an office in Colombo that collected trace requests from families and shared data with the OMP. However, progress remained slow. Rights groups also facilitate exposure tours – e.g., bringing Tamil family representatives to speak at the UNHRC sessions in Geneva. This international advocacy puts Sri Lanka under scrutiny, creating diplomatic pressure for at least token gestures (like Sri Lanka periodically updating the UNHRC on the OMP’s status). In 2020, Sri Lanka ratified the UN Convention on Enforced Disappearances partly due to such pressure, but as noted, implementation is lagging.

Diaspora and Transnational Activism: The large Tamil diaspora, particularly in Canada, the UK, and Australia, has been instrumental in keeping the issue alive abroad. Diaspora organizations commemorate Tamil Missing Persons Day, hold protests in front of Sri Lankan embassies, and engage in lobbying. In one striking instance, Tamil expatriates in Canada launched a campaign presenting life-size cutouts of missing persons at public events, symbolically “bringing them” to the international arena. TGTE (Transnational Government of Tamil Eelam), a diaspora political formation, has been vociferous: on August 30, 2019 (International Disappearances Day), TGTE appealed globally to stand in solidarity with families and demanded an international inquiry into the Mullivaikkal mass disappearances, calling it an act of genocide. Tamil diaspora activism often frames the disappearances as part of a larger pattern of genocidal violence against Tamils, thereby urging global action under the Genocide Convention. While not all international actors accept the genocide characterization, this framing highlights the gravity and ethnic dimension of the crime.

Foreign Government Actions: Some foreign governments have offered support or taken steps related to the disappeared. For example, Switzerland and Canada have provided funding for psychosocial support programs for families and data collection projects on the missing. The European Union has regularly raised the issue in dialogues with Sri Lanka, linking progress on human rights (including disappearances) to trade concessions like GSP+. The United States Congress has held hearings where Sri Lankan Tamil families testified about their missing, and individual Congress members have pressed for Magnitsky-style sanctions on Sri Lankan human rights abusers. However, broader geopolitical interests sometimes blunt stronger action at multilateral levels. Still, in March 2023, the UN Human Rights Council’s Core Group on Sri Lanka (which includes the UK, Canada, Germany, North Macedonia, Montenegro, and Malawi) expressed deep concern over the lack of progress on missing persons and stressed the need for the government to respond to the calls of families.

In summary, international efforts have helped keep the spotlight on Sri Lanka’s disappeared and have created avenues (like evidence preservation and global advocacy) that may one day facilitate justice. Yet, for families on the ground, these efforts have not yet translated into the concrete result they seek most: finding out what happened to their loved ones. The international community faces the challenge of turning its words and resolutions into action that yields answers. The continued engagement – through UN processes, pressure on Colombo, and support to victims – remains crucial. As one activist put it, “We have waited too long for our own government. We now look to the world to help us.”

Conclusion

Sixteen years after the end of Sri Lanka’s armed conflicts, the issue of enforced disappearances of Eelam Tamils endures as a haunting legacy. Tens of thousands of Tamil families still wait – in anguish and uncertainty – for the truth about their missing loved ones. The historical record is clear that enforced disappearances were systematically perpetrated, primarily by state forces, as part of the conflict. The social fabric of the Tamil community has been irreparably scarred: an entire generation has grown up with the trauma of missing parents or siblings, and grief hangs heavy in the war-affected regions. Sri Lanka’s failure to hold perpetrators accountable has entrenched a culture of impunity that not only denies justice to victims but also undermines the rule of law and prospects of genuine reconciliation.

Yet, the courageous struggle of the victims’ families has prevented the disappeared from being forgotten. These families – epitomizing resilience – have made the plight of the missing an international human rights concern. Their ongoing protests and testimonies have generated a global consensus that Sri Lanka must reckon with the truth of what happened. As the OHCHR noted in 2024, Sri Lanka “must ensure accountability for decades of enforced disappearances” to truly turn the page. Without addressing this, peace will remain fragile, and as one mother warned, “they are planting the seeds for another conflict” if injustices remain unaddressed.

There have been some promising developments: the establishment of the OMP (even if flawed), the passing of laws, and international probes, all indicate that the calls of families are being heard, at least in principle. The challenge now is to translate these into tangible outcomes – credible investigations, prosecutions of those responsible, and concrete answers for each family. The international community’s role will continue to be vital in pressing Sri Lanka to fulfill its obligations. The moral imperative is clear: the disappeared and their families deserve the truth, they deserve justice, and they deserve the dignity of remembrance and closure.

In the words of a Tamil father who has waited over three decades for news of his son: “Two weeks passed, then two months, then two years. Now it has been 32 years, and I am still waiting.”. The wait must not be forever. For Sri Lanka to heal and for the trust of all its people to be rebuilt, it must finally confront the fate of the disappeared. The journey from denial to truth may be difficult, but it is one that justice and humanity demand. As these families have shown, they will not disappear the way their loved ones did – their voices will continue to cry out until every last case is answered.

Disclaimer

This dossier presents information, analysis, case studies, and recommendations regarding enforced disappearances affecting Sri Lanka’s Tamil community, compiled for advocacy and policy purposes. The findings are based on publicly available data, survivor and witness interviews, expert analyses, and official and independent reports. While every effort has been made to ensure accuracy and objectivity, this document does not purport to be exhaustive. The contents do not constitute legal advice and should not be relied upon as a substitute for specific legal counsel. The perspectives presented are those of the contributors and sources at the time of writing. This report may reference third-party materials considered credible, but no independent verification has been conducted. Any errors or omissions are unintentional and will be corrected upon notification.

Editor’s Note

Readers are advised that this dossier addresses themes of enforced disappearances, state violence, and accountability failures in Sri Lanka, drawing on testimonies that may be distressing. This dossier is designed to support advocacy and legal intervention and was developed with a victim- and survivor-centered approach. We extend our deepest gratitude to the families, survivors, and advocates whose voices shape this work and who continue, amid adversity, to demand truth and justice. All efforts have been made to protect the identities of those at risk; any identifying information has been altered or withheld where required for safety. For clarifications, corrections, or to engage further, please contact [Advocacy Coalition contact].

In solidarity,

Wimal Navaratnam

Human Rights Advocate | ABC Tamil Oli (ECOSOC)

Email: tamilolicanada@gmail.com

References

Amnesty International. (2017, January 23). Refusing to disappear: Tens of thousands missing, families demand answers. Amnesty International Report ASA 37/5497/2017. (Enforced disappearances estimates 60,000–100,000 since 1980s).
Amnesty International. (2022, March). Still No Answers: An update on the rights of victims of enforced disappearances in Sri Lanka. (Documents Sri Lanka’s status as having world’s 2nd largest number of disappearance cases and continuing intimidation of families).
Daily FT – Jeyaraj, D.B.S. (2025, February 28). Eight years of struggle by loved ones of the forcibly disappeared. Daily FT (Sri Lanka). (Detailed account of the continuous protest movement by Tamil families since 2017 and the context of disappearances).
Human Rights Watch. (2021, August 25). Families of Sri Lanka’s forcibly disappeared denied justice. (Highlights ongoing intimidation of families, estimated 60,000–100,000 disappeared, and undermining of the Office on Missing Persons).
Human Rights Watch. (2024, August 29). Sri Lanka: Families of ‘Disappeared’ persecuted – Renewal of UN mandate crucial to counter impunity. (Describes continued harassment in 2023–24 of protestors and the importance of UNHRC’s evidence gathering).
OHCHR (UN Office of the High Commissioner for Human Rights). (2024, May 21). Legacy of enforced disappearances haunts Sri Lanka. (UN human rights story with testimonies from Tamil mothers, emphasizing the enduring impact and need for accountability).
OHCHR. (2024, May 17). Sri Lanka: Accountability needed for enforced disappearances – UN report. UN News release. (Calls for decisive action by Sri Lanka, acknowledgment of state responsibility, and a public apology, quoting High Commissioner Volker Türk).
People’s Dispatch – Ganeshan, J. (2023, February 22). Families of forcibly disappeared persons mark six years of struggle in Sri Lanka. (Coverage of the ARED protests, noting families rejecting compensation and citing 100,000 reported disappeared since 1980s per UN).
South China Morning Post – Attanayake, D. (2024, May 26). “We want our children back”: Sri Lankan families still demanding justice for their missing loved ones. (Interviews with Tamil mothers 15 years after war’s end; notes 225 parents of missing died since 2018 and families’ refusal of death certificates).
Tamil Guardian. (2020, September 10). Sri Lanka remains 2nd highest in the world for enforced disappearances – UN. (Citing UN Working Group report with 6,117 outstanding cases, second only to Iraq).
Tamil Guardian. (2025, February 20). 8 years of continuous protests but still no justice for Tamil families of the disappeared. (Reports on the 8th anniversary of protests in Kilinochchi, families’ statements of despair and calls for international investigation).
Tamil Guardian. (2025, February 25). Tamil families of the disappeared mark 3,000 days of protest in Vavuniya. (Details the milestone protest, families’ demands for list of surrendees and international accountability, and state repression).
Tamil Guardian. (2025, March 26). Tamil families of the disappeared protest in Jaffna. (Describes a protest in Jaffna, highlighting placards against compensation, skepticism towards state, and the context of May 2009 surrenders).
New Lines Magazine – Thomas, K. (2024, April 29). Sri Lanka’s uncomfortable relationship with its disappeared. (Overview of mass graves, estimates of disappeared, and continued lack of answers more than a decade post-war).
Colombo Telegraph – Sri-Skanda-Rajah, U. (2019, August 30). Investigating the truth of what happened to enforced disappeared Tamils in Sri Lanka. (TGTE’s call for international action, outlining families’ appeals and framing enforced disappearances as part of genocide against Tamils).
Wikipedia. (2023). Enforced disappearances in Sri Lanka (summary of historical data and references from UN and NGOs). (Background information confirming disappearance figures and events; used as a secondary source cross-reference).

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