Infrastructure as Erasure: The Dual Realities of Post-War Development and Forensic Accountability in Sri Lanka

Disclaimer

This report is an independent research analysis synthesized from publicly available government documents, judicial filings, and human rights reports. The findings and interpretations presented herein do not constitute legal advice or represent the official policy of any government agency or international organization. Information regarding ongoing judicial proceedings is based on the most recent available records as of April 16, 2026.

Editor’s Note

This report arrives at a critical juncture in Sri Lanka’s post-war history. As the state moves forward with a multi-billion-rupee modernization project for school athletics in early 2026, it simultaneously faces unprecedented scrutiny over the stalled exhumation of mass graves. The stark contrast between these two fiscal realities—high-speed athletic tracks and slow-motion forensic justice—serves as the central focus of this analysis.

Executive Summary

In March 2026, the Cabinet of Ministers approved a Rs. 2,010.50 million project to install 400-meter running tracks in 400 schools across all 25 districts. While the government frames this as a vital investment in student well-being, the initiative has sparked intense debate regarding national priorities. Parallel to this investment, critical forensic investigations into mass graves in Chemmani, Kokkuthoduvai, and the Colombo Port have been repeatedly halted due to a purported "lack of funds". Notably, the Chemmani excavation requires only Rs. 21 million to proceed—a mere 1% of the athletic project’s budget. This report explores the "100-to-1 spending ratio" that characterizes the state's preference for sports over justice, the structural barriers to forensic accountability, and the growing demand for decentralized power through the 13th Amendment to ensure regional truth-seeking is no longer subject to centralized fiscal vetoes.

Methodology

The analysis in this report is based on a multi-disciplinary review of state and non-state data:

  • Official State Records: Analysis of Cabinet Decisions (2026) and Ministry of Education policy statements regarding the "Project for the Development of Playgrounds in Government Schools".
  • Judicial and Forensic Data: Review of court filings and progress reports from the Jaffna, Mullaitivu, and Colombo Magistrates' Courts concerning mass grave exhumations.
  • Human Rights Documentation: Synthesis of fact-finding reports from the Human Rights Commission of Sri Lanka (HRCSL) (September 2025) and submissions to the UN Human Rights Council (UNHRC) by organizations such as the Sri Lanka Campaign for Peace and Justice (SLC).
  • Legal Analysis: Review of the 13th Amendment and Supreme Court determinations regarding the "unitary character" of the Sri Lankan state and its impact on provincial autonomy.

The Dual Realities of Post-War Development and Forensic Accountability in Sri Lanka

The political and social fabric of contemporary Sri Lanka is increasingly defined by a profound discord between the state's pursuit of a modernized, "standardized" national identity and the unresolved, often literal, remains of its violent history. In early 2026, this tension transitioned from a localized grievance to a national debate following the Cabinet of Ministers' approval of an ambitious, multi-billion-rupee sports infrastructure project.1 While framed by the central government as a triumph of educational reform and regional empowerment, the initiative has inadvertently highlighted a jarring financial and moral paradox: the state’s apparent ability to mobilize vast resources for synthetic running tracks while repeatedly asserting a "lack of funds" to facilitate the forensic excavation of mass graves containing the victims of the country’s thirty-year civil conflict.3 This report examines the geopolitical, fiscal, and ethical dimensions of these competing priorities, analyzing the mechanisms through which "development" is deployed as a tool for institutionalized forgetting and the emerging demands for a decolonized, decentralized approach to restorative justice.

The Mandate for Athletic Excellence: Policy and Implementation

On March 23, 2026, the Cabinet of Ministers approved a proposal submitted by Prime Minister Harini Amarasuriya, in her dual capacity as the Minister of Education, Higher Education, and Vocational Education, to initiate the "Project for the Development of Playgrounds in Government Schools".2 The project, structured as a four-year initiative spanning 2026 to 2029, carries a total estimated cost of Rs. 2,010.50 million.1 The official objective is to address the systemic "non-availability of adequate infrastructure facilities for sports activities," which the government contends has resulted in "unsatisfactory levels of participation" and stunted the "physical, social, and mental well-being" of the student population.6

The Centralized Vision of "National Standards"

The Ministry of Education’s rationale is built upon an internal audit revealing that of the 10,096 government schools currently operational, a mere 5% possess playgrounds of standard dimensions.1 To rectify this, the project aims to establish at least one standard sports ground featuring a 400-meter running track within each education zone.2 Deputy Minister Madhura Seneviratne has championed the project as a vehicle for "equitable access," particularly for students residing outside the Western Province.7 The project follows a strictly centralized selection model, targeting one "National School" and three "Provincial Schools" in each of the 25 districts.1

Implementation Parameter

Detail

Reference

Project Duration

2026 – 2029 (48 Months)

1

Financial Commitment

Rs. 2,010.50 Million

2

Total School Targets

400 Schools Island-wide

2

Infrastructure Type

400m synthetic/standard tracks

3

District Distribution

16 schools per district (Avg)

1

Core Objective

Identification of "national and international level" athletes

2

The government argues that the current "examination-centred" education system has created a competitive environment where extracurricular development is neglected.6 By installing world-class facilities in regional hubs, the state hopes to dismantle the metropolitan monopoly on athletic prestige.7 However, in the Northern and Eastern Provinces—regions most heavily impacted by the civil war—this narrative of progress is viewed through a lens of profound skepticism. Critics argue that "standardization" is not a neutral term; rather, it represents a top-down "National School" model that reinforces Colombo’s control over local education while bypassing the decision-making authority of Provincial Councils. 3

The Forensic Crisis: A Landscape of Unresolved Trauma

Parallel to the groundbreaking ceremonies for new athletic facilities, the forensic investigation into Sri Lanka’s mass graves has entered a period of catastrophic stasis. Since the end of the civil war in 2009, families of the disappeared have searched for the truth regarding tens of thousands of missing persons, with estimates of unresolved enforced disappearances ranging between 60,000 and 100,000 individuals.10 The discovery of several high-profile mass grave sites in 2024 and 2025 offered a fleeting hope for closure, but as of April 2026, these sites remain symbols of institutional delay and financial sabotage.4

Chemmani: The Sabotage of Judicial Orders

The Chemmani mass grave site in Jaffna is emblematic of the state's obstructive posture. First brought to light in 1998 by the testimony of a former soldier, the site was rediscovered in February 2025 during construction work for a Hindu crematorium.11 Since the resumption of excavations in May 2025, forensic teams have exhumed 240 human skeletal remains, including deeply disturbing findings such as neonatal skeletons, infants buried with milk bottles, and children's belongings like blue school bags labelled "ABC" and toys.4

Despite the gravity of these findings, the investigation was suspended on September 6, 2025.4 While monsoon weather was the initial justification, subsequent delays have been explicitly linked to the Ministry of Justice’s refusal to release court-approved funding.4 In February 2026, the Jaffna High Court submitted a budget estimate of Rs. 21 million to facilitate the next phase of work.4 The Ministry of Justice delayed the release of these funds until the final days before the scheduled April 20 restart, a move described by civil society as a deliberate tactic to prevent the mobilization of forensic teams and equipment.4

Chemmani Excavation Data

Statistic

Reference

Total Remains Exhumed

240 Skeletons (as of Aug 2025)

4

Infant/Child Discoveries

Confirmed (neonatal remains)

11

Phase 3 Budget Request

Rs. 21 Million

4

Status of Excavation

Stalled (April 2026)

4

Next Judicial Hearing

April 21, 2026

4

Kokkuthoduvai and the Erasure of Evidence

In Mullaitivu, the Kokkuthoduvai mass grave discovery in June 2023 further complicated the government's narrative of normalcy. Believed to contain the remains of female LTTE fighters buried between 1994 and 1996, the site has yielded 52 skeletons along with identification tags and digital tablets.17 However, the investigation faced a seven-month suspension due to a "lack of funding," triggering protests by the Association for the Relatives of the Enforced Disappearances (ARED).17 ARED and human rights groups like the International Truth and Justice Project (ITJP) have accused the state of "systemic interference" and the intentional "mishandling of evidence" to protect perpetrators from prosecution.17

The Colombo Port Grave: Negligence in a High-Security Zone

The forensic failure is not confined to the war zone. In July 2024, construction of an elevated expressway near the Colombo Port revealed a mass grave in a high-security zone, yielding over 106 skeletons.5 The investigation at this site has been characterized by "abrupt suspensions," with work halted in early 2025 due to a lack of government funding.5 Journalists documented a profound lack of state care, reporting that human remains were left submerged in muddy water without proper covering to protect the evidence.5 This negligence in the capital city itself underscores a broader pattern of erasure that persists regardless of geographic location.5

The Financial Paradox: A Moral Hierarchy of Spending

The most striking aspect of the current situation is the extreme spending disparity between athletic prestige and forensic truth-seeking. By committing over Rs. 2 billion to school playgrounds while stalling a Rs. 21 million judicial request for mass grave excavation, the state has established a clear moral hierarchy in its fiscal priorities.3 This represents a spending ratio of approximately 100-to-1 in favor of sports over justice.3

For families of the disappeared, this data point is a "bitter reminder" that the government's frequent claims of bankruptcy and economic crisis are selectively applied.3 The Ministry of Education’s sudden liquidity for "playgrounds" suggests that the "lack of funds" for mass grave research is a political choice designed to maintain institutionalized forgetting.3

Funding Category

Amount (LKR)

Status

Strategic Priority

School Athletics Project

2,010,500,000

Fully Allocated

National Branding

Chemmani Excavation

21,000,000

Stalled/Delayed

Delayed Truth

Kokkuthoduvai Project

Unspecified

Refused/Protested

Stalled Identity

Forensic DNA Bank

0

Proposal Only

Evaded Accountability

This selective investment strategy acts as a "smokescreen," allowing the government to perform the duties of a modern state on the global stage through sports diplomacy and educational reform while simultaneously obstructing the mechanisms of the criminal justice system.3 In war-affected districts like Kilinochchi and Mullaitivu, residents point out that while the state is eager to build synthetic tracks, basic human infrastructure—such as clean water, resilient housing, and reliable electricity—remains incomplete more than a decade after the war's end.3

Institutional Architecture and the Failure of Devolution

The centralized nature of the playground project highlights a persistent constitutional crisis in Sri Lanka: the erosion of provincial autonomy.3 The "National School" model allows the Ministry of Education in Colombo to dictate regional development, often at the expense of Provincial Schools that serve the most marginalized and war-affected populations.3

The 13th Amendment and Legal Supremacy

Legal analysis of the 13th Amendment to the Constitution reveals that while it was intended to devolve power to Provincial Councils, the Supreme Court has historically upheld the "unitary character" of the state, ensuring that the central Parliament remains supreme.9 Provincial Councils are frequently relegated to the role of "subsidiary bodies" exercising limited legislative and administrative power.9 In the context of the sports project, the central government uses its control over the budget to impose its version of "progress" on the North and East, bypassing local leaders who might prioritize land release, truth-seeking, and basic rural school upgrades over elite athletic facilities.3

The Case for a Provincial Veto

Tamil activists and civil society leaders have proposed that "genuine decolonization" requires granting Provincial Councils a "veto" or the power to reallocate centralized development funds.3 Under such a model, the Northern Provincial Council could theoretically reject a state-mandated playground and redirect that portion of the Rs. 2,010.50 million budget toward:

1.     Immediate Justice: Allocating the Rs. 21 million required for Chemmani without waiting for ministerial approval.3

2.     Localized Reconstruction: Distributing funds to renovate war-damaged primary schools that currently lack basic sanitation.3

3.     Accountability: Funding forensic experts and legal teams to represent the interests of the families of the disappeared.3

This shift from "state charity" to "direct financial empowerment" is viewed as a human rights necessity.3 It would transform the Tamil population from recipients of top-down mandates into the architects of their own recovery.3

The Forensic Infrastructure Gap: Structural Barriers to Truth

The Human Rights Commission of Sri Lanka (HRCSL), in its September 2025 fact-finding report, identified profound structural deficiencies that hinder the credible investigation of mass graves.13 These gaps are not accidental; they are the result of long-term state policy that disincentivizes the development of forensic expertise.13

Shortage of Expertise and the Pressure of Erasure

There is currently a critical "dearth" of forensic anthropologists and archaeologists in Sri Lanka.13 The curriculum at state universities does not incentivize these specialties; for instance, students requiring two years of overseas training are provided with only one year of state funding, leaving very few individuals able to complete their qualifications.13 This has led to a "heavy dependence" on a single expert—Professor Raj Somadeva—and his small team, who are under "immense pressure" to complete work at Chemmani while being expected to manage investigations at the Colombo Port and other sites simultaneously.13 The HRCSL has termed the expected timeframes for this work "unrealistic," suggesting that the state is setting the forensic teams up for failure.13

Technological Obscurantism

Sri Lanka lacks the "bomb-pulse 14C carbon dating" technology essential for accurately dating post-1950 human remains.13 In previous investigations at Matale and Mannar, the state relied on less accurate conventional methods, leading to disputed results that favored a "historical" rather than "conflict-related" origin for the remains.4 The HRCSL and international observers have repeatedly recommended that the Ministry of Justice seek overseas expertise and secure independent dating facilities to ensure transparency.10

Forensic Requirement

Current Status

Recommended Action

Anthropological Staff

Significant Dearth

Fund full 2-year overseas training

Carbon Dating Tech

Unavailable (Conventional only)

Secure "Bomb-pulse 14C" abroad

GPR Equipment

Limited use (U. of Jayewardenepura)

Allocate funds for wider scanning

Operational SOP

Draft only (Non-adopted)

Formal adoption with CSO input

DNA Database

Non-existent

Independent, statutory DNA Bank

Transitional Justice: The Failure of Domestic Mechanisms

The Office on Missing Persons (OMP), established with significant international fanfare in 2017, has largely failed to fulfill its mandate.21 UNHRC reports from 2024 and 2025 state that the OMP has focused almost exclusively on financial assistance for victims' families rather than actual tracing or investigation.22 As of mid-2024, the office had established the fate of only 16 missing persons out of tens of thousands.22 Furthermore, section 13(2) of the OMP Act explicitly prevents findings from giving rise to "criminal or civil liability," effectively granting impunity to state actors.22

This "culture of impunity" is reinforced by the transfer of judicial officers supervising mass grave exhumations and the lack of successful prosecutions under the 2018 Enforced Disappearance Act.10 The Human Rights Commission has characterized the burials at Chemmani as having a "reasonable likelihood" of being "unlawful" and the result of "extrajudicial killings".16 However, without a dedicated and independent office for the prosecution of serious crimes by state officials—as recommended by the HRCSL in 2025—the likelihood of any perpetrator facing justice remains nearly zero.13

Geopolitical Implications and International Pressure

With the UN Human Rights Council continuing to monitor Sri Lanka's record on accountability, the decision to prioritize synthetic running tracks over mass grave research may invite fresh international sanctions.3 Human rights organizations argue that the government is using "sports-washing" to distract from its human rights obligations.3

The Demand for an International "Freeze"

A growing chorus of activists is calling for the international community to demand a "freeze" on non-essential infrastructure development until mass grave excavations are fully funded and completed.3 This would involve:

       Financial Accountability: Stripping away the "lack of funds" excuse by proving that the state has the liquidity for billions in playground projects.3

       Validation of Victimhood: Signalling to the families of the disappeared that their right to truth is a global priority.3

       Independent DNA Repository: Establishing an independent national DNA database, as proposed by the Sri Lanka Campaign for Peace and Justice (SLC), to bypass the state’s forensic bottleneck.10

The SLC's 2026 concept paper for a "National DNA Bank" outlines a structure that would be housed in a neutral statutory body with international oversight, ensuring that genetic data is used exclusively for identification and not for law enforcement surveillance.10 This represents a practical, humanitarian path forward that the state has thus far resisted to maintain control over the "narrative of the soil".3

Sociological and Symbolic Erasure: Building Over the Dead

The struggle in the North and East is not merely a budgetary dispute; it is a battle for the landscape of memory. When a state constructs a high-end sports facility in a war-affected district like Mullaitivu—where sites like Kokkuthoduvai remain uninvestigated—it is an attempt to "overwrite" the map.3 For the youth of these regions, running on these tracks might not feel like a path to the future, but like "running away" from a past that the state refuses to let them face.3

The findings at Chemmani—where a small child's skeleton was found alongside a toy and a single "Bata" slipper—stand as a harrowing counterpoint to the billion-rupee "National Standard" branding of the playground project.11 These personal items are a haunting testament to lives cut short, yet they are treated as administrative inconveniences rather than forensic evidence of war crimes.3

Toward a Restorative Development Model: Actionable Recommendations

True progress in a post-war landscape begins when the state acknowledges that "development" cannot be divorced from the emotional and political reality of its citizens.3 To move beyond the playground paradox, the following measures are recommended:

1.     Direct Aid to Provincial Councils: Global bodies and donor nations should funnel reconstruction and justice grants directly to provincial bodies rather than the central Treasury, ensuring that local leaders can prioritize forensic excavations.3

2.     Establishment of a "Justice Fund": A civil-society-managed fund should be created to hire international forensic specialists and purchase bomb-pulse dating services, bypassing state administrative delays.3

3.     Mandatory Funding Linkage: International infrastructure grants should be made conditional on the release of proportionate funding for mass grave forensic research.3

4.     Creation of a National DNA Bank: The state must adopt the SLC’s proposal for an independent, voluntary, and encrypted DNA database to allow for the identification of exhumed remains.10

5.     Adoption of Mass Grave SOPs: The Ministry of Justice must immediately and formally adopt Standard Operating Procedures for excavations, developed in consultation with the Bar Association of Jaffna and families of the disappeared.13

Conclusion: The Ethics of Soil and Speed

The contrast between the government’s sudden liquidity for playgrounds and its persistent "lack of funds" for mass grave research is a definitive statement of national priority. When a state chooses to build a playground over a site of unresolved trauma, it does not achieve reconciliation; it achieves only a more expensive form of silence.3 For the athletes of the North and East, a new track may be a dream realized, but for their communities, it is a reminder of the many miles still left to run on the path to genuine justice.3 True development begins when the state finally admits that it cannot build a future on top of a past it refuses to dig up.3 Until the bodies in Chemmani, Kokkuthoduvai, and the Colombo Port are identified and their families granted truth, every synthetic running track in Sri Lanka remains a monument to the victims it was designed to bury.3

Works cited

1.     Development of sports grounds in Government Schools – The Island, accessed April 16, 2026, https://island.lk/development-of-sports-grounds-in-government-schools/

2.     400 schools to get standard playgrounds under new plan - Newswire, accessed April 16, 2026, https://www.newswire.lk/2026/03/24/400-schools-to-get-standard-playgrounds-under-new-plan/

3.     Sri Lanka's Development Priorities Debate_FULL.docx

4.     Chemmani mass grave excavation stalled again after funding delays ..., accessed April 16, 2026, http://www.tamilguardian.com/index.php/content/chemmani-excavation-delayed-amid-funding-lapses-and-political-scrutiny

5.     Mass grave with 88 bodies uncovered at Colombo Port | Tamil ..., accessed April 16, 2026, https://www.tamilguardian.com/content/mass-grave-88-uncovered-colombo-port

6.     The Project for the Development of Playgrounds in Government Schools - dec_detail, accessed April 16, 2026, https://www.cabinetoffice.gov.lk/cab/index.php?option=com_content&view=article&id=16&Itemid=49&lang=en&dID=13826

7.     Ministry of Education to Develop School Playgrounds Across All Districts - Newsfirst, accessed April 16, 2026, https://www.newsfirst.lk/2026/04/16/ministry-of-education-to-develop-school-playgrounds-across-all-districts

8.     Standard playgrounds for schools | The Morning - Themorning.lk, accessed April 16, 2026, https://www.themorning.lk/articles/Wd6HmwzutiaV1JmW0NOS

9.     IN RE THE THIRTEENTH AMENDMENT TO THE CONSTITUTION AND THE PROVINCIAL COUNCILS BILL - lawnet.gov.lk, accessed April 16, 2026, http://www.lawnet.gov.lk/wp-content/uploads/2016/11/029-SLLR-SLLR-1987-2-IN-THE-THIRTEENTH-AMENDMENT-TO-THE-CONSTITIUTION-AND-THE-PROVINCIAL-COUNCILS.pdf

10.  OHCHR – SLC's Submission on Missing Persons – Sri Lanka ..., accessed April 16, 2026, https://srilankacampaign.org/ohchr-slcs-submission-on-missing-persons/

11.  Sri Lanka Must Allow International Oversight Into Chemmani Mass Grave, ICJ Urges - JURIST - Features - Legal News & Commentary, accessed April 16, 2026, https://www.jurist.org/features/2025/07/31/sri-lanka-must-allow-international-investigation-into-chemmani-mass-grave-icj-warns/

12.  Mass Grave Uncovered in Chemmani, Sri Lanka - Progressive International, accessed April 16, 2026, https://progressive.international/wire/2025-08-13-mass-grave-uncovered-in-chemmani-sri-lanka/en/

13.  report on the ongoing investigation into the mass grave ... - HRCSL, accessed April 16, 2026, https://www.hrcsl.lk/wp-content/uploads/2025/09/Fact-Finding-Report-of-HRCSL-on-Chemmani-Mass-Grave-Site.pdf

14.  Chemmani mass graves - Wikipedia, accessed April 16, 2026, https://en.wikipedia.org/wiki/Chemmani_mass_graves

15.  News and Events - Center for Human Rights and Development (CHRD) Sri Lanka, accessed April 16, 2026, https://srilankachrd.org/news.php

16.  Excavations at Chemmani mass grave halted over lack of funds - Newswire, accessed April 16, 2026, https://www.newswire.lk/2025/09/08/excavations-at-chemmani-mass-grave-halted-over-lack-of-funds/

17.  More delays as Kokkuthoduvai mass grave case adjourned to February 2025, accessed April 16, 2026, https://www.tamilguardian.com/content/more-delays-kokkuthoduvai-mass-grave-case-adjourned-february-2025

18.  The final report will be submitted within six weeks - FOD, accessed April 16, 2026, https://fodlanka.org/news_and_events/the-final-report-will-be-submitted-within-six-weeks/

19.  Colombo Port mass grave yields over 100 skeletons as excavation concludes - CHRD Sri Lanka | News, accessed April 16, 2026, https://srilankachrd.org/dynamic.php?news=347

20.  Carrier bag storytelling with coastal Kenyan families: sharing food, illustrations, and knowledge for tangible environmental justice impacts - Frontiers, accessed April 16, 2026, https://www.frontiersin.org/journals/communication/articles/10.3389/fcomm.2023.1173512/full

21.  A/HRC/60/NGO/301 General Assembly - the United Nations, accessed April 16, 2026, https://docs.un.org/en/A/HRC/60/NGO/301

22.  21 July 2025 Excellency, We have the honour to address you in our capacities as Special Rapporteur on the promotion of truth, ju - ohchr, accessed April 16, 2026, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=30101

23.  Excavation of Sri Lanka's Chemmani mass grave halted over lack of funds - The Hindu, accessed April 16, 2026, https://www.thehindu.com/news/international/excavation-of-sri-lankas-chemmani-mass-grave-halted-over-lack-of-funds/article70023208.ece

24.  Entries on Transitional Justice Institutions and Organizations - Cambridge University Press, accessed April 16, 2026, https://www.cambridge.org/core/books/encyclopedia-of-transitional-justice/entries-on-transitional-justice-institutions-and-organizations/4794AE82B741436DB8228D1732FBB747

25.  The Changing Face of International Criminal Law, accessed April 16, 2026, https://icclr.org/wp-content/uploads/2019/06/ChangingFace.pdf


     In solidarity,

     Wimal Navaratnam

     Human Rights Defender |Independent Researcher | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com



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