Sri Lanka’s Mothers of the Disappeared- August 2025
Portraits of Persistence: Sri Lanka’s Mothers of the Disappeared
Why grief alone won’t silence the search for truth.
In the war-torn
landscapes of Sri Lanka, long after the guns fell silent, the search
continues—not for peace treaties or political promises—but for sons, husbands,
and fathers whose disappearances remain unacknowledged. The mothers, aging and
determined, have become the archivists of justice and the authors of public
memory. As the global conversation shifts toward accountability and
reconciliation, their voices must lead the way.
Background: A Legacy of Disappearances and Enduring Grief
Sri Lanka’s
history since the 1980s has been scarred by enforced disappearances on a
staggering scale. Tens of thousands of people were abducted or arrested and
never seen again during two brutal eras: the Marxist insurrections in the
predominantly Sinhalese south (late 1980s) and the armed conflicts in the
Tamil-majority north and east (1983–2009). A 1999 United Nations study found
Sri Lanka had the world’s second-highest number of disappearances,
noting over 12,000 people had vanished after being detained by security
forces. Subsequent estimates only grew grimmer – by 2017, Amnesty
International assessed the total number of disappeared since the late 1980s to
be between 60,000 and 100,000. These figures underscore that enforced
disappearance was not a series of isolated incidents, but a widespread practice
affecting all of Sri Lanka’s communities. The victims include Tamil
civilians and fighters who went missing during the armed conflicts, as well
as Sinhala youth who disappeared amid the government’s crackdown on leftist
rebels in the south.
The armed conflicts’
end in May 2009 did not bring closure for the families of the missing. To
this day, no one knows the fate or whereabouts of thousands who
“surrendered” in the final days or were taken into custody by Sri Lankan
security forces. Even years later, government officials have hesitated to fully
acknowledge these unresolved disappearances. (In 2020, President Gotabaya
Rajapaksa stated that the armed conflicts’ missing were “dead,” offering no
evidence or accountability – a declaration that families found both
heartbreaking and inadequate.) Every unanswered question—Where is my child?
What happened to my husband?—continues to haunt the war-weary communities, impeding
true reconciliation. As human rights groups note, without knowledge of
their loved ones’ fate, entire communities remain in torment, and national
healing is undermined. The burden of this unresolved grief has
fallen most heavily on the missing persons’ mothers, wives, and daughters, who
in many cases have become the sole keepers of their families’ hope and memory.
Sri Lanka’s
legacy of disappearances spans decades, but so does the legacy of resistance
by mothers. Historically, women have mobilized across ethnic and
regional lines to demand truth: the Northern Mothers’ Front was
formed in 1984 by Tamil mothers in Jaffna seeking their sons taken by the army,
and a Southern Mothers’ Front emerged in 1990 to protest thousands of
disappearances during the JVP uprising. This tradition of mothers’ activism –
also seen in other countries like Argentina’s Madres de Plaza de Mayo –
established “motherhood as a space of protest” in Sri Lanka. It bestowed
moral authority on these women’s demands, as they publicly confronted the
state’s contradictions (appealing to their role as life-givers while exposing
the state’s role in destroying life).
Mothers of the Disappeared: From Silent Sorrow to Relentless Protest
“When the silence of the past threatens the future.”
In the post-war
years, the mothers of the disappeared have transformed their private
anguish into a potent public movement. Beginning in early 2017, groups
of Tamil mothers (along with fathers, wives, and other relatives) in the
northern and eastern provinces started continuous roadside protests
demanding answers about their missing loved ones. These peaceful vigils – often
held under the scorching sun by aging parents clutching faded photographs –
have persisted day after day, year after year. By August 2018 the
families marked 500 consecutive days of protest, and by August 2022 they
reached 2,000 days of continuous struggle. This represents one of the
longest-running civil protests in Sri Lanka’s history. The demonstrators,
predominantly women, wear black sarees or headbands and hold banners with
questions such as “Where are the children who surrendered to the army?”
– pointedly reminding the public and authorities of specific incidents (like
those who surrendered in May 2009) that remain shrouded in silence.
“We only
need the truth,” one woman searching for her brother since 2009 pleads,
encapsulating the movement’s core demand. These mothers – many now in their
60s, 70s or even 80s – have spent the past decade relentlessly archiving
evidence and memories of their loved ones. They have compiled lists of
names, collected photographs, and documented the circumstances of abductions.
For example, the Association for the Relatives of the Enforced
Disappearances in the North and East helps coordinate searches; its members,
like 72-year-old “Kamala,” have visited former camps and even scoured
mass grave sites in hopes of finding traces of the missing. They not only
protest on roadsides but also knock on every door of the state: over the
years, families have testified before numerous government commissions, filed
police complaints and habeas corpus petitions, petitioned the Human Rights
Commission, inquired with military authorities, and appealed to international
bodies. As one civil society statement noted, by 2017 the families had “exhausted
most other avenues” and, in sheer desperation, took to permanent protest
when the state failed to provide answers or justice nearly a decade after the
war.
Despite intimidation
and the passage of time, the mothers remain undeterred. Their
persistence has come at great personal cost. Many are elderly and in
poor health, standing vigil in harsh conditions. The prolonged uncertainty
inflicts deep psychological trauma – “It is very difficult to explain the
pain of mothers,” says Laxmy, a 62-year-old mother who has fought
for years without knowing if her son is alive or dead. Without a body or
confirmation of death, these families cannot even perform final religious rites
for the peace of the soul; “I do it for my dead husband, but I cannot do it
for my son,” Laxmy explains, highlighting the cultural and emotional limbo
they endure. Economically, many mothers of the disappeared have had to become
breadwinners in the absence of their husbands or sons. They survive on meagre
livelihoods – working in paddy fields or sewing clothes – and some have
been driven to sell their possessions just to feed their remaining family.
Years of protest have taken a physical toll: at least 138 elderly family
members (mostly mothers) died during the 2017–2022 protests without ever
learning their loved ones’ fate. Others fear that time is running out for them.
“I am now 72 years old, and I will leave this world soon. Maybe I will get
to see my son again or at least find out where he is buried,” Kamala says,
acknowledging the real possibility she may not live to see the truth uncovered.
Indeed, “hundreds of mothers, wives, and others have passed away without
learning what happened to their loved ones”, Human Rights Watch reports,
and “many more express fear they might not live to see justice done.”
Yet hope and
resolve drive these women forward, turning their private grief into public
activism. Their ongoing campaign includes:
- Vigils and Rallies: The mothers hold regular
vigils at symbolic sites and march in rallies on key dates. For instance,
they rallied in Kilinochchi on August 12, 2022 – the 2,000th day of
protest – to draw national and international attention to their cause.
They choose public anniversaries (such as the International Day of the
Disappeared on August 30) to stage demonstrations, despite authorities
occasionally trying to ban these gatherings.
- Preserving Memories: They carry folders
of documents and stacks of photographs of the missing. Often, a mother
will sit by the roadside with a portrait of her disappeared son hanging
from her neck – a poignant assertion that this life mattered. In
the absence of official archives, these women have become “the
archivers of justice”, preserving the stories of each missing person
so they are not forgotten.
- Mutual Support Networks: Through
associations and support groups, the families of the disappeared support
one another. They share information and unite across former front lines –
as Brito Fernando, a Sinhala man who leads a “Families of the
Disappeared” organization, notes: “Families from the North, East and
South are fighting together for justice, to make sure this does not happen
again, and to demand truth and compensation.” This inter-ethnic
solidarity underscores that their struggle is a national one.
- International Advocacy: The mothers have
sought global allies. They have met visiting UN officials and
testified to international human rights organizations. Many engage with
the UN Working Group on Enforced or Involuntary Disappearances by
submitting cases. When a UN Human Rights Council session or other
international forum approaches, the mothers amplify their calls, hoping
global attention will pressure Sri Lankan authorities. As one local leader
of the families’ groups explained, they timed their 2,000-day rally to “highlight
this long-pending issue before the Human Rights Council session in Geneva”,
placing faith in international intervention.
Through these
actions, Sri Lanka’s mothers of the disappeared have ensured that the issue
stays in the public eye. They have become, in effect, the conscience of
the nation, reminding Sri Lankans that peace is not simply the absence of
war, but the presence of justice. In the words of one mother, “I need to
know where my son is. Without knowing, we cannot have peace in our minds.”
For these women, grief has evolved into strength. Their unwillingness to
be silenced – “No matter how hard things get, we will not stop demanding
justice for our children” – is a powerful rebuke to the culture of impunity
that allowed these disappearances to happen. It also sets the moral foundation
for any genuine reconciliation process in Sri Lanka: their voices must lead
the way, as the custodians of truth.
Violations of International Law: Rights and Conventions Ignored
The enforced
disappearances in Sri Lanka constitute egregious violations of international
law, infringing multiple human rights and humanitarian norms. Under
international human rights treaties, no one may be arbitrarily deprived of
life or liberty, nor subjected to torture or inhuman treatment – yet
enforced disappearance by its very nature violates all these guarantees
simultaneously. It has been called a “multiple human rights violation”
because each disappearance typically involves the denial of the right to
liberty and security of person, the right to a fair trial, and often the right
to life, coupled with the torment of families that can amount to
cruel, inhuman or degrading treatment. Key legal instruments and their
provisions underscore the gravity of this crime:
International Convention for the Protection of All Persons from Enforced
Disappearance (ICPPED):
This United Nations treaty, which Sri
Lanka ratified in 2016, codifies a global prohibition of enforced
disappearances. Article 2 of the ICPPED defines “enforced
disappearance” as “the arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State or by persons acting with the
authorization, support or acquiescence of the State, followed by a refusal to
acknowledge that deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person.” In simpler terms, if authorities
(or their proxies) secretly detain someone and then deny it or hide what
happened, that is an enforced disappearance. Article 1 of the convention
flatly states that “No exceptional circumstances whatsoever, whether a state
of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification for enforced disappearance.”
Even war or national emergency cannot lawfully excuse this practice – a
principle reinforced by a 1992 UN General Assembly Declaration which used
almost identical language. Article 24 of the ICPPED affirms the rights
of victims and their families, including the right to know the truth
regarding the fate of the disappeared and the progress of any investigation. It
also requires states to ensure victims receive reparations and have their
disappeared relatives officially recognized (for instance, via mechanisms like
Sri Lanka’s Certificates of Absence). Furthermore, Article 5 of the
ICPPED classifies the “widespread or systematic” practice of enforced
disappearance as a crime against humanity, linking the convention to
international criminal law.
International Covenant on Civil and Political Rights (ICCPR):
Sri Lanka has been a party to the ICCPR
since 1980, thereby legally bound to uphold fundamental rights even during
internal conflicts. Enforced disappearances breach several non-derogable
provisions of the ICCPR. Most starkly, they often violate Article 6 (the
right to life) – many disappeared persons have been extrajudicially killed
or are presumed dead due to state action or indifference. Every person’s Article
9 right to liberty and security is violated when they are detained without
legal process and held in secret. The Article 7 guarantee against torture
and cruel, inhuman or degrading treatment is violated both with respect to
the disappeared person (who may be subjected to torture in custody) and their
family (who suffer profound mental anguish). Importantly, the ICCPR allows no
suspension (derogation) of the right to life or the ban on torture even in a
declared emergency. Thus, Sri Lanka’s security forces had no legal
justification to “disappear” people, even at the height of war. The UN
Declaration on Enforced Disappearances (1992) explicitly echoes this: “no
circumstances whatsoever” – not even war or instability – can justify
enforced disappearances. By violating these core rights, Sri Lanka’s enforced
disappearances flouted the country’s obligations under international human
rights law.
Convention Against Torture (CAT):
Abducting someone and holding them
incommunicado often entails torture or at least cruel treatment, and always the
threat of it. Sri Lanka is also a state party to CAT, which obligates it to
prevent and punish acts of torture and cruel, inhuman or degrading treatment.
The deliberate concealment of a person’s fate inflicts severe mental
suffering on relatives; international jurisprudence has increasingly recognized
this suffering of family members as a form of cruel or inhuman treatment in
itself. By failing to investigate disappearances – and thereby prolonging
families’ uncertainty – the Sri Lankan state has been accused of perpetuating
torture by omission (a violation of CAT) in addition to any torture the
disappeared person was subjected to directly.
International Humanitarian Law (IHL):
Many enforced disappearances in Sri Lanka
occurred in the context of the non-international armed conflict between
government forces and the LTTE. Even in war, however, there are clear legal
protections for persons who are detained or have laid down arms. Common
Article 3 of the 1949 Geneva Conventions (applicable to internal conflicts
like Sri Lanka’s) prohibits violence to life and person of detained
individuals, including murder, mutilation, cruel treatment, and torture. It
also requires humane treatment of civilians and captured fighters at all times.
Disappearing a prisoner – effectively executing or concealing them outside any
judicial process – violates these basic IHL guarantees. Additionally, if the
victims were surrendering combatants or civilians when they were taken
into custody (as many in Sri Lanka were at war’s end), then killing or harming
them would violate the laws of war. International humanitarian law also
contains provisions (e.g., in Additional Protocols to the Geneva Conventions)
addressing the obligation to account for persons reported missing in action and
to inform families. By failing to register detainees or inform families, Sri
Lankan authorities denied disappeared persons the protections normally afforded
to prisoners of war or detained civilians. The UN Human Rights Council, in
resolutions 46/1 (2021) and 51/1 (2022), noted that Sri Lanka’s unresolved
disappearances represent “gross violations of human rights and serious
violations of international humanitarian law”, underscoring that these are
not only past abuses but ongoing breaches of international norms.
Crimes Against Humanity (Rome Statute of the ICC):
Enforced disappearance has a special
designation in international criminal law. Article 7(1)(i) of the Rome
Statute of the International Criminal Court (ICC) lists “enforced
disappearance of persons” among the defined crimes against humanity, when
committed as part of a widespread or systematic attack against a civilian
population. The statute’s Article 7(2)(i) further elaborates the definition of
enforced disappearance, essentially mirroring the ICPPED’s definition
(requiring state involvement and intent to remove the person from legal
protection). What this means is that if disappearances are not isolated
incidents but rather organized as a campaign (as alleged in Sri Lanka,
especially during the late war and the JVP crackdowns), then those responsible
could be culpable for crimes against humanity – among the gravest offenses in
international law. Sri Lanka notably has not ratified the Rome Statute,
which limits the ICC’s jurisdiction there. However, the classification of
enforced disappearance as a crime against humanity reflects a broad
international consensus: such acts, when systemic, offend humanity as a
whole. In fact, Sri Lanka’s own Enforced Disappearance Act of 2018
(which domestically implemented the ICPPED) could be amended to explicitly
criminalize widespread or systematic disappearances as crimes against humanity,
as recommended by the Sri Lankan Human Rights Commission. The continuing
failure to hold perpetrators accountable in national courts has led human
rights advocates to call for invoking universal jurisdiction – i.e., for
other countries to prosecute Sri Lankan war criminals under international law –
and for targeted sanctions against the worst offenders.
In summary, Sri
Lanka’s “disappeared” are not just a moral tragedy; they represent a flagrant
breach of international law. The abductions and secret detentions violate
binding human rights treaties (ICCPR, CAT), customary international law (the
absolute ban on enforced disappearance under any circumstances), and the laws
of war. The persistent denial of truth to families violates these
families’ right to an effective remedy and to closure. Each passing day that
the fate of the missing remains concealed is, in effect, a continuing
violation – enforced disappearance is unique in that it is an ongoing
crime until the person’s fate is revealed. Sri Lanka, by international
legal standards, has an obligation to investigate, punish, and provide
reparations for these violations (ICPPED Articles 3, 6, 7, and 24). The
next section examines how the Sri Lankan state has responded to these
obligations – and how far it still falls short.
State Response: Promises, Obstacles, and Continued Impunity
For decades,
the Sri Lankan state’s response to enforced disappearances has oscillated
between official denial, half-hearted measures, and outright obstruction,
leaving families frustrated and justice deferred. Successive governments have
established various mechanisms purporting to address the issue – from
presidential commissions to an Office on Missing Persons – yet impunity
prevails to this day. In many instances, Sri Lankan authorities not only
failed to deliver truth and justice but have been accused of actively
silencing the voices of the mothers. Below is an overview of key state
actions (and inactions) and their outcomes:
|
Government Actions and Mechanisms |
Outcome for Victims’ Families |
|
Presidential Commissions of Inquiry (1990s–2010s) – Multiple
ad-hoc commissions were appointed to document disappearances (e.g. 1994,
1998, 2006, 2013). These inquiries gathered evidence and witness testimony.
Official data indicates that over 27,000 cases of missing persons were
examined by past commissions. |
Commissions confirmed the massive scale of disappearances
and often identified alleged perpetrators, but their findings led to almost no
prosecutions. Final reports were sometimes shelved or only partially
published. Families participated in good faith, recounting painful details to
commissioners, yet saw little follow-up action. The lack of implementation of
recommendations bred deep mistrust. (“Successive governments have ignored
the needs of victims and their calls for accountability,” as one activist
noted.) |
|
Certificates of Absence
(2016) – The government acknowledged at least 65,000 missing persons from the
armed conflicts and the JVP uprising,
and offered families “Certificates of Absence” allowing them to legally
manage a missing relative’s property or access benefits. |
This was a humanitarian gesture but
not a truth-seeking measure. Families could settle administrative
issues (inheritance, pensions) but still learned nothing of their loved ones’
fate. Many appreciated the recognition of their missing family member’s
status, yet they stressed that administrative relief is no substitute for
answers. Some families even feared that accepting a certificate or
compensation would be used to close the case file without investigation. |
|
Office on Missing Persons (OMP, established 2017) – A permanent
state institution tasked with tracing the fate of the disappeared and
providing recommendations for justice. Initially seen as a key commitment of
the 2015 reformist government, it was endowed with legal powers to subpoena
information and safeguard mass graves. |
Disillusionment with the OMP set in
quickly. As of 2023, the OMP had “resolved almost no cases”. Families
report that the OMP rarely shares progress and sometimes suggests that they
accept death certificates and ex gratia compensation (around Rs.
200,000, roughly US $660) in lieu of a full investigation. Trust eroded
further when individuals viewed as aligned with the security forces
(including a former military intelligence head) were appointed as
commissioners, raising conflict-of-interest fears. Many victims’ families now
see the OMP as “an instrument to deflect international pressure” that
lacks genuine will to uncover the truth. |
|
Enforced Disappearance Act
(No. 5 of 2018) – This law incorporated the ICPPED into Sri Lankan domestic
law, criminalizing enforced disappearance (with penalties up to 20 years’
imprisonment) and formally recognizing it as an offense in Sri Lanka’s Penal Code. |
Despite the law’s existence, enforcement
has been nil. Astonishingly, by late 2024 – six years after enactment – not
a single case had been filed under this law. A recent Right to
Information inquiry revealed that the Attorney General’s Department had opened
zero prosecutions under the Act and had not even initiated investigations
on known cases. This illustrates a glaring gap between law on paper and
action: Sri Lanka has criminalized enforced disappearance, yet in practice,
perpetrators remain untouched. One reason is that many disappearances
occurred before 2018, and under Sri Lanka’s legal system, retroactive
application of criminal law is constitutionally barred unless the act was
internationally criminal at the time. Despite enforced disappearance being a
crime against humanity internationally, Sri Lankan authorities have shown no
willingness to test such prosecutions. The result is de facto amnesty
through inaction. |
|
Harassment and Suppression of Protesters – In lieu of providing
answers, the state’s security apparatus has often targeted the families
demanding truth. Police and intelligence agencies have closely surveilled
memorial gatherings and demonstrations, and have sought court orders to
restrict them. In August 2024, for example, police in Trincomalee obtained a
ban on relatives of the disappeared holding a procession on the International
Day of the Disappeared. Activists (including aging mothers) have been dragged
into court on charges like unlawful assembly. Some women have been beaten by
police during peaceful protests and later arrested. Mothers recount how
officers show up at their homes late at night to serve “stay orders”, even
climbing over gates or cutting fences to do so, and snap photos of them in
their nightclothes – a form of intimidation. Security forces have stooped to
threatening the protesters’ surviving children: “You have to look after
your child who is still alive,” police warned one mother, suggesting harm
could come to her other son if she didn’t stop campaigning. In one case, days
after a mother was active at a rally, her son was arrested on a fabricated
drug charge – a tactic of reprisal the community says is becoming common.
This climate of fear aims to erode the persistence of the families. Yet,
remarkably, the mothers refuse to be silenced, even when it means risking the
safety of their remaining loved ones. |
|
|
Official Narrative and
Denial – Sri Lankan authorities have generally avoided accepting state
responsibility for disappearances. There has been no public release of lists
of those who surrendered to the army and then went missing, nor a
comprehensive accounting of detainees. High-ranking officials implicated in
alleged disappearance cases have instead been elevated to powerful positions
(for instance, a navy commander accused in the abduction of 11 youths was
promoted to Admiral and later made a provincial governor after charges
against him were dropped). The state’s messaging has often been that any
accountability should be handled “internally,” while painting international
scrutiny as an infringement on sovereignty. |
For families, the government’s
stance feels like a betrayal and whitewash. The 2015 administration of
President Maithripala Sirisena initially raised hope by acknowledging past
abuses and pledging truth and reconciliation measures. But a sharp reversal
came with the return to power of the Rajapaksa family (who led the war effort)
– Gotabaya Rajapaksa’s 2020 pronouncement that all missing are dead without
due investigation typified the dismissive approach. Such statements, absent
any details, deny families the right to truth and appear aimed at shutting
down the issue. Meanwhile, by promoting alleged perpetrators rather than
punishing them, the state sends a chilling message that those responsible
for disappearances are effectively above the law. This entrenches a sense
of injustice among survivors and erodes public trust in institutions. |
As the above
overview shows, Sri Lanka’s mothers of the disappeared face not only the pain
of not knowing, but also the pain of being ignored or targeted by the
very institutions meant to protect them. Every modest step forward (e.g.
establishing the OMP, issuing certificates) has been undercut by lack of
political will or active resistance from entrenched powers. It is little wonder
that many families have lost faith in domestic processes. “We don’t accept
it. We don’t have faith in it,” one mother said of the latest government
proposal for yet another “truth and reconciliation” commission, reflecting the
deep skepticism borne of previous failures. Their skepticism is warranted: Sri
Lanka has cycled through numerous such bodies – yet not a single military or
police official has been convicted for war-era disappearances. Impunity
remains the rule.
On the legal
front, while Sri Lanka has formally embraced relevant international conventions
(ratifying the ICPPED in 2016 and even calling enforced disappearance
a criminal offence in 2018), these moves have not translated into justice
for victims. Domestic legal proceedings, such as habeas corpus cases, often
languish in courts for years without resolution. (The Human Rights
Commission in 2025 urged reforms to prioritize these cases at the High Court
level, noting that they rarely advance under current conditions.) Additionally,
Sri Lanka’s dualist legal system means that international treaty obligations
must be implemented through local legislation to take effect. Although the
Enforced Disappearance Act of 2018 ostensibly meets this requirement, its
non-use suggests either a lack of intent or political interference. Observers
point out that the Act does not explicitly cover past disappearances as
crimes (due to the ex post facto constitutional bar). Thus, the tens of
thousands of pre-2018 cases remain unprosecutable unless creative legal
strategies (like charging as crimes against humanity under customary
international law, invoking the constitutional proviso for crimes “recognized
by the community of nations”) are attempted – something prosecutors have so far
avoided.
Moreover, the security
sector’s continued power casts a long shadow. Many officers suspected of
involvement in disappearances continued in their careers post-war, some
reaching top ranks. The military’s dominance in the post-war period, especially
in former conflict areas, has been accompanied by surveillance of victim
communities. The “culture of secrecy and fear” birthed during the war
thus persists. Mothers travelling to a protest site often report being followed
by intelligence agents; some have covert officers sitting outside their homes.
As the UN High Commissioner for Human Rights observed in 2023, there is “a
persistent trend of surveillance, intimidation and harassment of… those working
on enforced disappearances … and reprisals against family members of the
disappeared engaging with the UN or international actors.” This means that
seeking help from the international community – a lifeline for many families –
can itself invite retaliation, a cruel Catch-22.
Despite these
daunting obstacles, Sri Lanka’s Mothers of the Disappeared persist in their
quest. Their unwavering activism has spurred some shifts: it has kept the issue
alive domestically and compelled international bodies to take incremental
actions. Recognizing that domestic remedies have failed, the families
and their allies have increasingly turned outward for support, as discussed in
the next section.
Quest for Truth and Accountability: National Struggles, International
Support
The struggle of
Sri Lanka’s Mothers of the Disappeared is not only a personal or national
issue; it is part of a broader global fight for truth, justice, and
reconciliation after mass atrocities. Over the past decade, as these
mothers campaigned on the streets, diplomats and human rights organizations
worldwide have been echoing their calls in the halls of the United Nations and
other forums. This evolving global conversation on accountability has
been crucial in pressuring Sri Lanka to at least appear responsive, and it
offers a measure of hope that grief will not have the last word.
On the national
stage, the concept of transitional justice gained prominence after
the armed conflicts. In 2015, a new government in Sri Lanka co-sponsored a UN
Human Rights Council resolution (30/1) promising a comprehensive approach –
including a truth-seeking commission, justice mechanism, reparations, and
institutional reforms. For the families of the disappeared, this raised
expectations that, at long last, their truth might be acknowledged and
perpetrators held accountable. The establishment of the OMP in 2017 was one
product of those commitments. Another was the Office for Reparations in 2018 to
handle compensation and memorials. However, progress stalled and then
backtracked: by 2020, the government had changed and explicitly withdrew from
the commitments of Resolution 30/1. The promised truth commission and special
court were never set up. This domestic backslide left families once
again dependent on international action.
The United
Nations has played a key role in keeping the spotlight on Sri Lanka’s
disappearances. The UN Office of the High Commissioner for Human Rights (OHCHR)
investigated in 2015 (the OISL report), which documented patterns of enforced
disappearances as part of possible crimes against humanity. Subsequently, the
UN Human Rights Council established a special Sri Lanka Accountability
Project (OSLAP) in 2021 (via Resolution 46/1), renewing it in 2022
(Resolution 51/1). This initiative is tasked with collecting and preserving
evidence of serious human rights violations, including enforced
disappearances, to support future prosecutions. It effectively serves as a
repository of testimony and data – a sort of shadow justice mechanism preparing
for the day when courts, domestic or international, might be ready to use that
evidence. Families of the disappeared have been cooperating with OSLAP, seeing
it as a safer channel to record their stories. The project’s mandate explicitly
includes developing strategies for “future accountability processes” and
advocating for victims, affirming that the international community recognizes
these families’ plight.
Additionally,
Sri Lanka’s case has repeatedly been raised by the UN Working Group on
Enforced or Involuntary Disappearances (WGEID), which has a long list of
outstanding cases from the country. On August 30 each year (the International
Day of the Victims of Enforced Disappearances), UN experts and human rights
organizations often single out Sri Lanka as a place where justice is lagging.
For instance, in 2022 the UN High Commissioner urged Sri Lanka to “acknowledge
the involvement of State security forces” in disappearances and “disclose
the fates and whereabouts of the disappeared”, calling these steps
essential for reconciliation. Such statements bolster the mothers’ demands by
giving them international legitimacy.
International
human rights organizations like Amnesty International, Human Rights Watch
(HRW), the International Commission of Jurists, and others have also been
vocal. They regularly publish reports and updates on Sri Lanka’s disappeared,
ensuring the issue stays on diplomatic agendas. For example, HRW’s 2024 report
highlighted how “the Sri Lankan government continues to persecute the
families of victims of enforced disappearance who seek to enforce their rights”
and implored UN member states to maintain scrutiny. Amnesty International,
observing the 2,000-day protests, urged the government to “urgently and
genuinely take account of the demands of families of the disappeared” and
to “prioritise ... the families’ rights to truth, justice and reparations”
instead of pressuring them to move on. These organizations often facilitate
platforms for the mothers to share their stories, whether through international
media or events.
Some individual
countries have also responded to the call for accountability. Notably, in
March 2025 the United Kingdom imposed sanctions on four Sri Lankan officials
(two senior military commanders, a former army chief, and a former
LTTE-turned-government paramilitary leader) for their roles in serious human
rights violations during the war. Those sanctions explicitly cited involvement
in atrocities including enforced disappearances of Tamil civilians. The
United States had earlier taken similar action, barring certain Sri Lankan
generals (like Shavendra Silva) from entry due to credible information on gross
rights abuses. These targeted measures, such as travel bans and asset freezes,
send a message that if Sri Lanka’s own courts won’t act, at least some
consequences can still befall those accused of disappearances. They also
validate the families’ long-standing claims by naming alleged perpetrators
publicly on an international stage. The Sri Lankan Human Rights Commission
itself, in 2025, urged the government to consider ratifying the Rome Statute
of the ICC so that crimes like widespread enforced disappearances can no longer
be immune from international justice. While Sri Lanka has not heeded this call,
it reflects a domestic acknowledgment that aligning with global justice norms
is necessary.
At the
community level, transnational advocacy networks – including Sri Lankan
Tamil diaspora groups and international coalitions for the disappeared – have
assisted in keeping the pressure on. Groups like the International Truth and
Justice Project (ITJP) compile dossiers on alleged war criminals and lobby foreign
governments to act. The persistence of the mothers on the ground thus finds an
echo in courtrooms and meeting rooms abroad.
However, in the
quest for justice, the families emphasize that international action should
complement, not replace, domestic acknowledgement. They ultimately seek truth
about their loved ones – something only those responsible or those with
inside knowledge in Sri Lanka can provide. The mothers are not driven by
vengeance; most say they would be at peace if they could simply know what
happened and receive the remains of their family members to perform last
rites. One consequential step would be for the Sri Lankan state to open up its
military and police archives, and for any officers with knowledge to come
forward. International bodies have urged Sri Lanka to create a comprehensive
list of all detainees from the war and match it with missing persons reports.
Such truth-telling is painful but necessary. A credible truth commission,
if established with genuine independence and with participation from victim
families, could still play a role – but only if it has the power to compel
testimony and guarantee witness protection, and if it operates transparently
(past commissions’ secrecy being a major flaw).
For reconciliation,
knowing the truth is only one pillar. The families also want accountability
(justice) and reparations. Justice, in their view, includes
prosecuting those most responsible for ordering or orchestrating
disappearances. As years pass, direct perpetrators may be aging or evidence may
grow cold; nonetheless, the principle that no one is above the law must
be affirmed. If Sri Lanka continues to shield its war-era officials, families
see international trials as justified. “Those responsible should be punished
and human rights violations should stop. If this does not happen the conflict
will not go away. They are planting the seeds for another [conflict],”
warned Kamala, linking impunity today to potential unrest tomorrow. This
warning reflects a hard-earned wisdom: lasting peace is impossible without
justice. Indeed, the intergenerational nature of trauma – children growing
up with missing fathers, communities seeing unrepentant alleged perpetrators in
power – can sow resentment that endures and potentially fuels future strife.
Reparations go
beyond monetary compensation. “Satisfaction” (a form of reparation under
international law) includes measures like official apologies, memorialization,
and institutional reforms to ensure non-recurrence. The mothers of the
disappeared have effectively been doing the memorialization work themselves,
but they seek formal recognition – such as memorial monuments or a national day
of remembrance – to validate their loss in the country’s history. They also
stress guarantees of non-repetition: reforms such as proper training of
security forces in human rights, establishing systems to log and track
detainees (to prevent secret detentions), and removing those implicated in past
abuses from positions of power (vetting). Some of these align with
recommendations by the UN and local human rights bodies. For example, the
HRCSL’s 2025 report not only urged legal changes but also prioritization of
pending cases and an honest reckoning with findings like the Lessons Learnt
and Reconciliation Commission (LLRC) report, which had itself documented over
1,000 disappearances of people who had surrendered in the final days of the war
(17–18 May 2009). Acknowledging such findings officially would be a start.
In sum, while
the road to justice in Sri Lanka is long and fraught, the convergence of
persistent local activism with international advocacy has kept the hope alive.
Each mother, by refusing to forget her child, has made it harder for the world
to forget Sri Lanka’s disappeared. The process is now at a point where
international and domestic efforts must reinforce each other: Sri Lanka must
be pressed, through diplomatic and legal means, to fulfill its obligations,
and the voices of the victims must be central to any solution. As one UN report
put it, the country “must confront the legacy of enforced disappearances by
holding those responsible to account” – there is simply no other way to
turn the page on this tragedy without writing the truth first.
Conclusion: Why Grief Won’t Be Silenced
The story of
Sri Lanka’s Mothers of the Disappeared is a testament to resilience in the
face of overwhelming sorrow and intimidation. These women have endured what
international law calls the “continuous crime” of enforced disappearance
– a crime that, for them, renews itself with each dawn that their child is
still missing. They have turned their grief into a driving force for truth,
ensuring that their loved ones’ absence is not met with silence, but with a
clarion call for justice that echoes from remote village lanes to the United
Nations in Geneva.
Their fight is
not an easy one. It is, in fact, a form of heroism in everyday clothes:
a mother travelling by bus for hours to attend a court hearing that yields no
answers; an old father holding a portrait at a protest despite failing health;
families pooling money to print flyers about the missing; a grandmother learning
to write a petition so she can send it to authorities. Such persistent acts
have collectively created a human rights movement that commands respect. It’s a
movement that says, “We will not accept that our family members simply
vanished. We will not allow their story to end in a void.”
Legally,
morally, and emotionally, the Mothers of the Disappeared are changing the
narrative. They have reframed the issue from one of individual tragedy to one
of collective memory and justice. By cataloguing names and refusing to
perform final rites without evidence, they assert that these men and women
existed, they were loved, and they had rights that were violated. In doing
so, they have become the authors of public memory – documenting history
from the perspective of survivors, not the state. This challenges Sri Lanka to
incorporate their truth into the nation’s history, rather than burying it. It
also serves as a cautionary tale globally: that unresolved grievances of this
magnitude do not fade away – they are handed down generations, unless addressed.
International
law, as cited above, is firmly on the side of these families. So is basic human
decency. The violations – of the Geneva Conventions, of human rights
treaties like the ICCPR and CAT, of specialized conventions like the ICPPED –
are clear. What remains is the political will to see justice done. By
continuing their struggle, the mothers are effectively making sure that Sri
Lanka’s obligations under those conventions (Articles 6, 7, 9 of the ICCPR;
Articles 1, 2, 24 of the ICPPED; etc.) are not merely lines on paper but a debt
that the state still owes its citizens. They remind the government and the
world that a peace built on unaddressed atrocity is a brittle peace.
True reconciliation can only take root when the truth is acknowledged and those
who suffered are honored with justice.
It has been
said that “the arc of the moral universe is long, but it bends toward
justice.” In Sri Lanka, that arc is being bent by the will of mothers who
will not let it snap. Their persistence has already brought about some change –
Sri Lanka can no longer completely deny the issue of the disappeared, and the
world is watching more closely than ever. The United Nations’ active role
and the recent international sanctions on perpetrators signal that global
patience for Sri Lanka’s inaction is wearing thin. The moral authority these
mothers carry is influencing that global response.
In closing, Sri
Lanka’s Mothers of the Disappeared have shown that grief, when channeled into
action, becomes a powerful force that no amount of state pressure can
extinguish. They have, through love and desperation, become
standard-bearers for accountability and human rights. Their portraits –
women holding candles and photographs, standing resolute in protest – are now
indelible in Sri Lanka’s social conscience. These portraits of persistence
challenge all of us: they ask whether we will stand idle in the face of
injustice, or join in the demand for truth. For Sri Lanka to move forward, it
must finally listen to these voices. Grief alone won’t silence the search
for truth – in fact, it is the seed of an unstoppable demand for justice.
And until that truth is found, the mothers will be there, at the forefront,
leading the way.
In solidarity,
Wimal Navaratnam
Human Rights Advocate | ABC Tamil Oli (ECOSOC)
Email: tamilolicanada@gmail.com
References 12
1www.hrw.org
Sri Lanka: Families of
‘Disappeared’ Persecuted - Human Rights Watch
·
2www.thehindu.com
In Sri Lanka, Tamil mothers of
disappeared mark 2,000 days of struggle
·
3rtisrilanka.lk
Six Years of Inaction: Sri
Lanka’s Failure to Enforce Law against ...
·
4www.ohchr.org
Legacy of enforced
disappearances haunts Sri Lanka | OHCHR
·
5en.wikipedia.org
Enforced disappearances in Sri
Lanka - Wikipedia
·
6resurj.org
Reproductive Justice for the
Mothers of the Disappeared in Sri ... - RESURJ
·
7www.hrw.org
Recurring Nightmare: State
Responsibility for "Disappearances" and ...
·
8en.wikipedia.org
International Convention for
the Protection of All Persons from ...
·
9ihl-databases.icrc.org
IHL Treaties - Statute of the
International Criminal Court, 1998 ...
·
10srilankabrief.org
Enforced Disappearance Bill,
The ICC and Sri Lanka’s International ...
·
11ceylontoday.lk
HRCSL urges Govt to ratify
Rome Statute - Ceylon Today
·
12www.hrw.org
UK Imposes Sanctions on Four
Sri Lankans for Alleged War Crimes




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