Enforced Disappearances and Missing Persons in Sri Lanka:

By Wimal Navaratnam, Human Rights Activist

An Exhaustive Review of Ministry Timelines, Official Responses, Legal Frameworks, and Current Status (2025)

“Three Thousand Days of Silence and Strength: Tamil Families’ Unyielding Quest for International Justice”

In solemn remembrance of the victims of enforced disappearances, this report is published to honour 3,000 days of relentless protest by Tamil families in Vavuniya. Their unwavering vigil stands as a testament to love, loss, and an enduring demand for international justice. Each day marked not only their sorrow, but a collective cry for truth and accountability. We dedicate these pages to those who vanished—and to the families who refuse to let them be forgotten.

Introduction

Enforced disappearances and cases of missing persons represent some of the most deeply entrenched and painful human rights issues in Sri Lanka’s modern history. The phenomenon has spanned decades, affecting all communities—Sinhala, Tamil, and Muslim—across multiple waves of conflict, insurrection, and post-war transitional processes. Even as the formal civil war concluded in 2009, the legacy of disappearances has continually challenged the country’s efforts toward justice, reconciliation, and the rule of law.

This report provides a comprehensive analysis of the current status of enforced disappearances and missing persons in Sri Lanka. It synthesizes timelines from the Justice Ministry, summarizes statements, responses, and key actions taken by the Ministers, Courts, Prime Minister, and President, and details verdicts on emblematic cases. The report also examines the relevant legal and institutional frameworks, international involvement, civil society reactions, and ongoing international scrutiny. The narrative is anchored in historical context, up-to-date developments—including prominent verdicts and excavations, such as the Chemmani mass graves and Navatkuli disappearance case—and an assessment of efforts by the Office on Missing Persons (OMP) and the Office for Reparations.

Historical Context of Enforced Disappearances in Sri Lanka

Origins and Patterns of Disappearance

Enforced disappearance in Sri Lanka is not a phenomenon limited to the recent past or associated solely with the civil war period. Patterns of disappearances trace back to at least the 1970s, with the first significant wave linked to the JVP insurrection in the south (1971) and intensifying during the JVP resurgence in the late 1980s. The methods were systematized and later proliferated amid the ethnic conflict between government forces and the Liberation Tigers of Tamil Eelam (LTTE) from the early 1980s until the war’s end in 2009.

A 1999 study by the United Nations concluded that Sri Lanka had the second-highest number of enforced disappearances globally. Amnesty International estimated that between 60,000 and 100,000 people have disappeared since the late 1980s. Disappearances were perpetrated by various actors: government security forces, pro-government paramilitaries, and at times, militant groups like the LTTE. The majority of victims have been Tamil civilians from the war-torn North and East, but Sinhalese youth and Muslim civilians have also been affected during insurrections and counter-insurgency operations.

Signature Practices and Notorious Episodes

The “white van abductions” became emblematic of the state’s strategy to “disappear” opponents, critics, or suspected militants with impunity, particularly in the 2000s. Unmarked vans, extrajudicial abductions, secret detentions, and systematic concealment of the fate of individuals have all contributed to a climate of fear, silence, and trauma.

High-profile cases (e.g., the abduction of journalist Prageeth Eknaligoda) and mass disappearances during the final days of the civil war remain unresolved, galvanizing persistent calls for accountability and truth.

Sri Lankan Justice Ministry Timelines on Missing Persons

Justice Ministry Commitments and Timeline Table

The Sri Lankan Justice Ministry under Dr. Wijeyadasa Rajapakshe has repeatedly pledged to resolve all outstanding cases of missing persons by December 31, 2025. This ambitious deadline is driven by both domestic considerations and mounting international and economic pressures, notably the conditionalities linked to trade with the European Union. The OMP Act No. 14 of 2016 requires the collection and investigation of all cases within its mandate, and as of mid-2025, the OMP reports having processed over 5,600 cases out of a current registry of approximately 14,700 complaints.

The Ministry’s processes involve:

  • Accelerated case review.
  • The establishment of mobile inquiry units, especially in the North and East.
  • Ongoing collaboration with the National Unity and Reconciliation Office and the Office for Reparations.
  • Plans to conclude preliminary investigations for all complaints by the end of 2025.
  • Legislative reform: Seven to eight new Bills have been drafted for Parliamentary debate to strengthen legal frameworks and ensure faster adjudication.

Below is a summary timeline of key developments, statements, verdicts, and events.

Timeline Table: Key Events, Statements, and Verdicts

Date

Event/Statement

Source/Official(s) Involved

Key Outcomes/Notes

1971

First major wave of disappearances (JVP insurrection–12,000 missing)

State security forces

Start of systematic disappearances

1987–1989

JVP resurgence, 60,000 killed/disappeared in south

Security forces/paramilitaries

Mass atrocities

1983–2009

Civil war: tens of thousands disappeared; 60,000–100,000 victims estimated

State, LTTE, paramilitaries

Ongoing impacts, especially on Tamil population

2003

20,000 cases documented by ICRC; only 9,000 resolved

ICRC

11,000+ still unresolved

2016

OMP Act passed, OMP established

Prime Minister Ranil Wickremesinghe

Domestic mechanism for truth-seeking

2017

Office for Reparations Act; OMP operational

Parliament

Compensation and reparation framework

2018

Sri Lanka ratifies ICPED, passes Enforced Disappearance Act

Government/Parliament

Criminalization of enforced disappearances

Dec 2021–2025

Navatkuli case: court proceedings, media intimidation, delays

High Court, Chavakachcheri Magistrate, NGOs

Verdict set for Aug 28, 2025; Major General in dock

Jan 2024

President promises resolution by end of 2025; Justice Ministry reiterates deadline

President Ranil Wickremesinghe, Justice Min

Political commitment reasserted

Early 2025

Chemmani mass graves: discovery, forensic excavation, new attention

Jaffna Magistrate, OMP, CID, UNHRC

>100 remains exhumed; calls for international probe

May 2024

UN/OHCHR: Critical report on legacy of disappearances, demands accountability

OHCHR, Volker Türk

UN calls for action and apology

July–Aug 2025

Ministry: 14,700+ OMP complaints, >5,600 investigations concluded, rest by end of 2025

Justice Minister Rajapakshe

Timeline affirmed; OMP progress report

Apr–Aug 2025

Prime Minister, President, Justice Min: Parliamentary speeches reaffirming justice pledge

PM Harini Amarasuriya, President, Justice Min

Public trust issues, call for institutional reform

8 May 2025

Tamil families mark 3,000 days of continuous protest in Vavuniya, demand international justice

Civil society, ARED

Domestic process rejected by many affected families

Aug 2025

Verdict pending in Navatkuli enforced disappearance case

Chavakachcheri Court

High-profile accountability test

Between 2016 and 2025, Sri Lanka’s official approach has shifted from denial and delay to a declared commitment to address all outstanding cases—but trust in the system remains fractured, and progress remains under intense scrutiny.

Statements and Responses from Key Sri Lankan Officials

Justice Minister Dr. Wijeyadasa Rajapakshe

Justice Minister Rajapakshe has been at the forefront of the government’s public narrative surrounding missing persons. He has consistently reaffirmed Sri Lanka’s commitment to resolving all outstanding investigations by December 31, 2025. Rajapakshe has acknowledged:

  • The gravity of the historical record, referencing the massive scale of disappearances during the 1971, 1989, and 1983–2009 periods.
  • Institutional weaknesses in past efforts: The OMP’s performance was described as “unsatisfactory,” and only recently has the process accelerated.
  • Statistics: By 2025, the OMP has processed around 5,600 of 14,700 active cases and set an unequivocal deadline for completion. Rajapakshe has also criticized previous “name-only” mechanisms and asserted the need for impartiality and anti-recurrence.
  • Legal reform: Rajapakshe has outlined the submission of comprehensive bills to Parliament in 2025 to modernize the legal system for disappearances.
  • Perspective on Unity: Stressing the non-ethnic nature of suffering, Rajapakshe has positioned disappearances as a national tragedy deserving unity and governmental prioritization.

Despite these pronouncements, he faces continued skepticism due to the slow pace of prosecutions, the limited authority of the OMP to compel action, and unresolved questions of military complicity.

Prime Minister Harini Amarasuriya

Prime Minister Harini Amarasuriya—appointed in a context of ongoing social unrest and demands for accountability—has repeatedly emphasized her government's declared policy of justice and reconciliation but has defended the use of domestic mechanisms over the international interventions many victims' groups demand.

Key points made by PM Amarasuriya include:

  • Admittance of public distrust: She has acknowledged that the OMP and Office for Reparations are widely seen as ineffective. She attributes this to the inadequacy of institutional design and resource allocation in the past, declaring a commitment to remedy these deficits.
  • Legal and institutional focus: The PM emphasizes that accountability and investigations must be tackled "legally and institutionally," not on a personal or ad hoc basis.
  • Repeal of the PTA: Her administration claims to have submitted committees to repeal the Prevention of Terrorism Act, a law repeatedly implicated in enabling arbitrary detention, torture, and enforced disappearances. However, she admits to the legacy of broken promises in this regard.
  • Pledge to non-recurrence: While insisting the government is not seeking "popularity," Amarasuriya asserts the focus must be on establishing robust systems to prevent recurrence, though Tamil families and civil society leaders have largely dismissed these assurances as rhetorical and insufficient without international involvement.

President Ranil Wickremesinghe

President Wickremesinghe has positioned himself as a pragmatic reformer, particularly during his visits to conflict-affected areas. His statements consistently:

  • Pledge resolution by end of 2025: He publicly declared that all matters related to land, displaced persons, and enforced disappearances would be addressed by December 2025, tying this pledge to political reconciliation and economic reforms (such as the EU trade relationship).
  • Acknowledge historical magnitude: The President has cited the tens of thousands disappeared and has conceded that Sri Lanka’s record is among the world’s worst.
  • Connect to reconciliation: He frames the resolution of disappearances as a prerequisite for unity, economic development, and the resolution of post-war grievances.
  • Directive approach: In district meetings, he has issued deadlines and instructed officials to coordinate closely with the OMP and expedite investigations, especially for the large number of unresolved cases in key districts like Jaffna.

Yet, survivors’ groups and civil rights advocates often see his government’s approach as designed to placate international scrutiny rather than achieve substantive truth or justice.

Key Cases: Court Verdicts and Recent Excavations

The Navatkuli Enforced Disappearance Case

The disappearance of 22 Tamil civilians during a military operation in Navatkuli, Jaffna, in 1996 is one of the few cases where a senior military officer has been brought before court.

  • Timeline: The case, originally filed in the Jaffna High Court, was transferred to the Chavakachcheri Magistrate’s Court, which is set to deliver its verdict on August 28, 2025.
  • Significance: Retired Major General Keppetiwalana is the main accused—alleged to have overseen and commanded the operation that led to the arrest and subsequent disappearance of 22 Tamil victims.
  • Legal milestones: Keppetiwalana appeared in court in 2021 and 2022. This is a rare case of a high-ranking military officer facing legal accountability for wartime disappearances.
  • Civil society concerns: Media coverage and observer access to the hearings has been tightly controlled, and journalists faced intimidation by forces around the court. The Tamil families involved have protested for decades, underlining the case’s test-case importance for trust in the justice system.
  • Current Status: As of August 2025, the verdict is still pending, and expectations are high for a landmark ruling.

Chemmani Mass Graves Excavation

The Chemmani site, on the outskirts of Jaffna, has been at the center of national and international attention due to ongoing excavations in 2025 that have unearthed some of the most damning physical evidence linked to enforced disappearances.

  • History & Discovery: The existence of mass graves in Chemmani was publicly revealed in 1998 by a convicted soldier involved in the Krishanthi Kumaraswamy murder case. He alleged that around 300–400 bodies were buried at Chemmani, but initial investigations (1999) were suspended after limited results (15 skeletons found) and no senior officials held accountable. Renewed interest arose when construction work unearthed more bones early in 2025, prompting court-ordered forensic excavation.
  • Developments (2025): Between May and August 2025, over 118 human skeletons, including infants and children, were recovered. Personal effects—school bags, jewelry, feeding bottles—suggest a significant proportion of victims were non-combatant civilians.
  • Forensic Process: Led by Prof. Raj Somadeva (University of Kelaniya), teams utilized international best-practices (Minnesota Protocol), with multidisciplinary teams including foreign forensic observers. Ground-penetrating radar was deployed in August 2025 to scan for further bodies. However, Sri Lanka’s lack of advanced DNA testing labs has slowed efforts at identification.
  • Judicial Oversight: The investigations operate under the supervision of the Jaffna Magistrate’s Court and with the OMP as a mandated observer, but skepticism prevails regarding transparency and independence.
  • Public Response: The discoveries have heightened calls (from ICJ, diaspora, and civil society) for international, not just domestic, justice, due to deep mistrust of prior state approaches to such mass graves.
  • Political and Advocacy Fallout: The Chemmani site now serves as a symbol for national reckoning and transitional justice, echoing the unhealed wounds of a generation of forcibly disappeared.

Office on Missing Persons (OMP): Mandate, Progress, and Challenges

Mandate and Objectives

The OMP was established under Act No. 14 of 2016 as a permanent and independent body with the mandate to:

  • Search for, trace, and determine the fate of missing and disappeared persons.
  • Make recommendations to authorities to prevent further disappearances.
  • Protect the rights and interests of victims and families.
  • Develop and manage a centralized database of the missing/disappeared.
  • Issue Certificates of Absence—allowing families to access certain legal and welfare services, even as the fate of relatives remains unknown.
  • Recommend reparations and report on patterns or policies that led to disappearances.

Progress and Performance

  • Statistics: As of mid-2025, the OMP reports receiving over 21,000 complaints, with 6,386 related to missing military/police personnel (MIAs) and the rest concerning civilians.
  • Investigations: The OMP has concluded over 5,600 investigations, with a plan for all ongoing inquiries to reach closure by December 31, 2025, per Justice Ministry deadlines.
  • Certificates of Absence: Issuance began in 2016, but many family members reject these as they see them as whitewashing unresolved cases.
  • Mobile Units: To better reach affected families, especially in the North and East, OMP mobile units have been deployed.
  • Data Publication: Lists of the missing and disappeared, organized by district, are now published online to increase transparency.

Challenges

  • Public Trust: Trust remains exceedingly low among Tamil families and broader civil society, who see the OMP as lacking independence, sufficient powers, or evidence of will to hold perpetrators accountable.
  • Limited Legal Powers: The OMP acts as an investigative and truth-seeking agency, not a law enforcement body, and is unable to directly recommend prosecution or impose accountability—this remains a core criticism.
  • Resource and Expertise Constraints: The office lacks advanced forensic and DNA-testing capabilities, undermining identification efforts especially in mass graves.
  • Political Pressures: The appointment of OMP commissioners with security forces backgrounds has fed suspicions about its impartiality.
  • International vs. Domestic Demands: While the OMP officially invites international technical assistance, government resistance to outside involvement has stymied efforts at compliance with international standards.

Reform Proposals

Policy briefings and official reports have proposed that:

  • OMP staff be provided additional resources and expertise, particularly in forensic science and victim support.
  • Legislative and procedural reforms grant OMP the power to submit cases directly to prosecutorial authorities and participate more robustly in criminal investigations.
  • Stronger safeguards assure the office’s operational independence from the executive and security agencies.

Office for Reparations and Its Effectiveness

Role and Functions

The Office for Reparations was established by Act No. 34 of 2018 with a mandate to provide redress—financial, psychosocial, and otherwise—to victims or families affected by the conflict and associated abuses, including enforced disappearance. Its focus includes:

  • Identifying eligible victims.
  • Disbursing monetary compensation, restitution, and livelihood programs.
  • Recommending policy reform and promoting reconciliation efforts.

Effectiveness and Critique

  • Implementation: Thousands of families have received limited compensation, but many describe the process as opaque, overly bureaucratic, and lacking in dignity and consultation.
  • Impact: Beneficiaries—especially those whose families disappeared—see reparations as essential but inadequate gestures that cannot substitute for truth or justice.
  • Civil Society Rejection: Many Tamil families, in particular, have accused the Office of Reparations of being a mere tool to placate international demands and push for case closures without establishing the fate of the missing or ensuring prosecution of those responsible.

Domestic Legal Frameworks Governing Disappearances

Constitutional Provisions

  • Fundamental Rights: Article 13 of the Constitution safeguards the right to liberty and security, echoing international protections against arbitrary arrest and detention.

Statutes

  • Penal Code: Sections addressing wrongful confinement, abduction, and related crimes provide some basis for prosecuting acts related to enforced disappearance, though these have rarely been enforced for such cases.
  • Enforced Disappearance Act, No. 5 of 2018: Criminalizes enforced disappearance, prescribing up to twenty years’ imprisonment, fines, and mandatory compensation for victims. The Act brings into Sri Lankan law the obligations under the International Convention for the Protection of All Persons from Enforced Disappearance (ICPED).
  • Office on Missing Persons Act, No. 14 of 2016: Details the OMP’s establishment, functions, and powers.
  • Office for Reparations Act, No. 34 of 2018: Establishes the reparations regime.
  • Assistance to and Protection of Victims of Crime and Witnesses Act, No. 4 of 2015: Aims to end reprisals against witnesses and victims, a key concern for families of the disappeared.
  • Registration of Deaths (Temporary Provisions) Act, No. 19 of 2010: Allows for administrative closure, but has been criticized as potentially undermining accountability for disappearances.
  • Human Rights Commission of Sri Lanka (HRCSL) Act, No. 21 of 1996: Authorizes the HRCSL to investigate human rights violations, including disappearances.

Gaps and Criticism

Despite this comprehensive legal matrix, practical enforcement remains weak. The formal criminalization of enforced disappearance post-2018 has not thus far resulted in any significant prosecutions, and the law’s retroactive application is contested. Dozens of reports cite “impunity” as the default outcome, as highlighted by the UN and HRCSL’s own findings.

International Legal Frameworks and Conventions

ICPED and International Human Rights Law

  • Sri Lanka ratified the ICPED on May 25, 2016; the convention entered into force domestically with the passage of the 2018 Act. This compels prosecutions, reparations, the right to truth, and non-recurrence measures under international law.
  • Geneva Conventions and their customary humanitarian law: Provide protections for civilians and those deprived of liberty during conflict.

The Rome Statute and Universal Jurisdiction

International advocacy groups and segments of Sri Lankan civil society increasingly call for universal jurisdiction prosecutions in foreign courts, and some propose accession to the Rome Statute, which codifies enforced disappearance as a crime against humanity when widespread or systematic.

United Nations OHCHR and International Commission Involvement

UN OHCHR Reports and Recommendations

Recent reports by the United Nations High Commissioner for Human Rights (Volker Türk, May 2024) put forth several urgent recommendations:

  • Acknowledge scale and responsibility: Demands that the Sri Lankan state officially recognize the vast scale of enforced disappearances and the involvement of state actors.
  • Accelerate investigations: Calls for rapid progress in resolving individual cases and mass grave probes.
  • End intimidation and impunity: Criticizes persistent harassment and violence against families and activists.
  • Create a public apology and disclose whereabouts: Urges a formal state apology and disclosure on missing persons' fate and locations.
  • Reform institutions: Suggests establishing an independent prosecutorial office and ad hoc courts for serious crimes by state officials.

International Commission on Missing Persons

ICMP continues to advocate for the use of international forensic expertise and best practices, especially for mass graves. The ICMP also highlights the magnitude of Sri Lanka’s crisis, ranking it second globally for cases submitted to the UN Working Group on Enforced Disappearances.

The Role of the Human Rights Commission of Sri Lanka (HRCSL)

The HRCSL’s 2024 and 2025 reports underline:

  • The depth and breadth of the crisis, with over 27,000 cases considered by past commissions.
  • The failure of past and current legal and institutional frameworks to deliver accountability—only 12 convictions arose from over 300 cases prosecuted since 2000 despite more than 1,600 identified perpetrators.
  • Recommendations for robust legal and educational reforms, and the need for an independent “Special Office for the Investigation and Prosecution of Serious Crimes by State Officials.”
  • Recognition of the leading role played by women and grassroots activists in advancing the cause of the disappeared.
  • Ongoing scrutiny at the 29th session of the UN Committee on Enforced Disappearance (September–October 2025).

Public Reactions and Civil Society Protests

Continuous Mobilization

Civil society and family associations, most notably the Association for Relatives of the Enforced Disappearances (ARED), have sustained protests for over eight years—with the Vavuniya protest reaching its 3,000th day in May 2025. These groups:

  • Demand international, not just domestic, accountability mechanisms.
  • Reject reparations or closure without the disclosure of the fate and whereabouts of the missing.
  • Endure persistent harassment, intimidation, “stay orders,” and arrest, particularly around memorialization dates like the International Day of the Victims of Enforced Disappearance (August 30).
  • Advocate for transparency and international supervision, especially in the investigation of mass graves.

International Solidarity and Diaspora Advocacy

Demonstrations routinely include appeals to international actors, with families displaying the flags of supportive nations and the United Nations in protest sites. The Tamil diaspora and advocacy networks push for international criminal jurisdiction, targeted sanctions, and sustained pressure through trade and aid conditionalities.

International Pressure and EU Conditionalities

The European Union, the United States, and the UN Human Rights Council have conditioned aspects of Sri Lanka’s participation in international trade agreements (notably GSP+ trade preferences with the EU) and foreign relations on progress about the missing person’s issue.

The EU’s most recent statements and joint working documents raise concerns over:

  • The independence and effectiveness of the OMP and the Office for Reparations, particularly since constitutional changes centralized political control.
  • The need for concrete progress on investigations, prosecutions, and non-recurrence measures tied to ongoing economic agreements and aid eligibility.

Adherence to obligations under the ICPED and visible progress on case resolution have become prerequisites for Sri Lanka’s continued access to favorable international economic relations.

Assessment of the Current Situation and Challenges

Achievements

Sri Lanka has, under international and domestic pressure, established robust legal and institutional frameworks—such as the OMP, the Office for Reparations, and the incorporation of the ICPED. Forensic excavations of major sites like Chemmani and Mannar, and ongoing investigations such as the Navatkuli case, demonstrate a degree of progress.

Shortcomings

However, these efforts remain partial and deeply unsatisfactory for affected communities. Key shortcomings include:

  • Slow prosecution rates and persistent impunity, with almost no successful convictions of high-ranking officials.
  • Continued harassment of families and activists, and lack of protection for witnesses.
  • Opaque or “reparation in lieu of justice” approaches, which are widely rejected by families demanding truth and accountability.
  • Limited enforceability and narrow mandates for bodies like the OMP and Office for Reparations.
  • Lack of genuine international involvement despite repeated calls and well-established legal obligations under the ICPED.

Public Trust Deficit

Surveys, protests, and interviews continually reveal that the domestic mechanisms for investigation and redress lack the trust of those most affected. The continuing surveillance, arrest, and intimidation of family protesters and lawyers further entrenches public cynicism about the state’s intentions.

Political and Economic Stakes

Resolving the missing persons issue is not only a matter of transitional justice but has acute political and economic implications for Sri Lanka, especially amid post-pandemic economic recovery and the quest for debt relief and continued international financial support.

Conclusion

Sixteen years after the war’s formal end, and despite multiple waves of activism, law reform, and state-sanctioned institutions, the majority of Sri Lankan families searching for loved ones have not received answers. The government’s bold promise to resolve all cases by December 2025 stands as both a testament to external pressure and an implicit acknowledgment of decades of impunity.

The Chemmani excavations and the upcoming verdict in the Navatkuli case serve as litmus tests for whether Sri Lanka will move beyond rhetoric to meaningful justice. Institutional innovation—both in the OMP and in legal reform—must be matched by political will, transparency, and international cooperation.

Without accountability for the past, the spectre of enforced disappearance will haunt Sri Lanka’s future, undermining reconciliation, trust, and the rule of law.

Analytical Note on Timeline Table

The timeline provided above encapsulates both the historical evolution and the latest (2025) developments in the fight against enforced disappearances. Each entry is not only a chronological marker but also reflects the layered complexity of Sri Lankan transitional justice—demonstrating continued gaps between public pronouncements and meaningful outcomes.

Key Takeaway: Sri Lanka possesses the legislative frameworks and institutional infrastructure required to address the crisis of disappearances, but unless these are deployed with independence, transparency, and genuine accountability—including where necessary international participation—justice will remain elusive for its tens of thousands of disappeared and their families. The next six months, culminating in the December 2025 deadline, will prove decisive.


     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

     Email: tamilolicanada@gmail.com

 


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