Ishankha Singha Arachchi
Parents and relatives of those who were forcibly disappeared gathered near the King Sangili Monument in Jaffna and marched to the Chemmani mass grave—currently under excavation—to demand an international investigation. A parallel march was also held in Batticaloa town to mark the International Day of the Victims of Enforced Disappearances, observed globally on 30 August each year.
They called for an international investigation to uncover the fate of the missing, provide immediate relief to their families, and ensure the protection of witnesses under United Nations supervision—free from interference. Their appeal came from the edge of the Chemmani mass graves, where the decomposed remains of those murdered continue to be unearthed.
As the 60th session of the United Nations Human Rights Council, which began on 8 September, proceeds until 3 October, excavations at the Chemmani mass grave site—launched in May—are still ongoing. Investigators have already uncovered more than 200 human remains, including those of young children.
Meanwhile, the International Committee of the Red Cross (ICRC) issued a statement on 28 August noting that by the end of 2024, more than 284,000 people worldwide had been registered as missing in the Red Cross and Red Crescent Family Links Network.
The ICRC further stated that it stands ready to provide technical expertise to relevant stakeholders in Sri Lanka, in line with international humanitarian law. This includes supporting efforts to clarify the fate and whereabouts of the disappeared, strengthening national legal and institutional frameworks, and assisting in the collection and analysis of information on mass graves by drawing on international experience.
“There have been serious human rights violations in Sri Lanka in the past. A credible, transparent, and independent investigation into the mass graves discovered in the country is urgently needed. The skeletons and personal belongings recovered from these sites have themselves been sources of grave human rights violations,” said UN Resident Coordinator in Sri Lanka, Marc-André Franche, in a statement.
He added that the fate of thousands of Sri Lankans subjected to enforced disappearances remains unknown. Decades of silence, inaction, and the use of force to evade accountability have left the country unable to heal from the deep wounds inflicted by these disappearances.
“Time cannot heal the pain of families of those who have been forcibly disappeared, as they still have no information about the fate of their loved ones. Delays in truth and justice only deepen that suffering. The discovery of human remains from mass graves will open a path for these families to seek relief, justice, and reconciliation,” said the UN representative in Sri Lanka.
He also expressed hope that this process would provide an opportunity for the country to confront its past, heal its wounds, and look towards a more just and peaceful future.
In addition to the recently discovered mass graves at Sampur, Colombo Port, and Kokkuthuduwai, Sri Lanka has seen numerous other sites uncovered over the years. These include Mannar CWE (2018), Mannar-Thirukethiswaram (2013), Matale (2012), Mirisuvil (2000), Chemmani (1999), Doreappa Stadium, Jaffna (1999), Sooriyakanda (1994), Essella (1994), Minuwangoda, Walpita Government Farm (1994), Waulkele (1994), Ankumbura (1994), and Hokandara (1990).
At these sites, unidentified individuals were killed and buried. Human rights groups warn that many more such mass graves may exist, both in the North and the South of the country.
Meanwhile, a public petition was launched calling for an international investigation into the Chemmani mass graves—designated as crime scenes by the courts—as well as other mass graves uncovered in the North and East. The signature campaign, held to coincide with the International Day of the Victims of Enforced Disappearances, was organised by political parties from the North and East, including the Ilangai Tamil Arasu Katchchi (ITAK), the Tamil National People’s Front (TNPF), and the Democratic Tamil National Alliance (DTNA).
The petition is expected to be submitted to the United Nations Human Rights Council in Geneva.
“A mass grave is defined as a site where bodies are buried, and where the manner of death or the legality of the method of disposal must be investigated.”
This definition is outlined in several international guidelines, including the United Nations Manual on the Effective Prevention and Investigation of Arbitrary and Extrajudicial Killings, the Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016 revision), and the Bormat Protocol on the Protection and Investigation of Mass Graves (2020), developed by the International Commission on Missing Persons. Together, these frameworks establish international standards for identifying, protecting, and investigating mass graves.
Regardless of the cause or circumstances of death, mass graves differ from regular cemeteries in terms of funeral and burial practices. What sets them apart is the absence of dignity and care normally afforded to the deceased—the way the body is treated at the time of death, how it is buried, and even how the remains are later handled.
Political Interference
The main reason mass graves excavated in Sri Lanka have not been properly investigated is political interference. Whenever individuals connected to political or state power are implicated, inquiries are obstructed, preventing meaningful progress.
Compounding this, Sri Lanka’s legal framework for the excavation and investigation of mass graves remains weak, while the country’s capacity for forensic investigations is severely limited. Another critical shortcoming is the failure to involve relatives of victims in the process—further undermining both accountability and trust.
To overcome these challenges, a formal investigation into Sri Lanka’s mass graves must begin with the establishment of specific laws governing their excavation and handling. The skeletal remains recovered must be preserved with the utmost care to ensure their integrity as evidence.
Investigators should also be trained in advanced techniques such as DNA identification, computer-aided facial reconstruction and recognition, video superimposition, and anthropometric analysis. Technical expertise for this work can be obtained from international organisations, including the United Nations and the International Committee of the Red Cross.
It is also evident that the dual role of the Attorney General’s Department—as both public prosecutor and public defender—needs to be reconsidered. Establishing an independent prosecution service would help ensure impartiality and could significantly expedite investigations into the mass graves currently being excavated.
“Sri Lanka is accountable only through domestic mechanisms”
Most mass graves in the country have been discovered by chance during land preparation for development projects. Sites such as Mannar, Matale, Kokkuthuduwai, the Duraiappa Stadium in Jaffna, and Colombo Port were all uncovered in this way. The case of Chemmani, however, is somewhat different.
The National People’s Power government is planning major development projects in the North-Eastern Province. During these excavations, it is possible that additional mass graves—containing the remains of men and women who were secretly killed and buried—may come to light.
However, it remains uncertain whether the government has the capacity to properly investigate such crimes, address human rights violations, and hold perpetrators accountable. Its approach to implementing recommendations from the United Nations Human Rights Council appears largely consistent with the inaction of previous administrations.
“Sri Lanka firmly rejects any proposed external intervention or mechanism to investigate the alleged human rights violations committed during the military conflicts with the LTTE,” Sri Lankan Foreign Minister Vijitha Herath stated on the opening day of the 60th session of the United Nations Human Rights Council.
The report submitted by the UN High Commissioner for Human Rights for this session highlights that the Sri Lankan government has, for many years, failed to acknowledge serious human rights violations committed by the military and other security forces.
Minister Vijitha Herath emphasised that, “Sri Lanka is committed to the accountability process only through a domestic mechanism.” While acknowledging some progress, he argued that the administration should be granted additional time to fulfil its commitments.
Victims and their families, however, remain unconvinced. For more than a decade, domestic channels have failed to deliver justice. Relatives of those forcibly disappeared, who have been waiting for over 3,100 days, point to the futility of relying solely on national mechanisms.
The arrest and remand of individuals accused through ongoing trials have already sparked accusations of “political revenge” and “hunting war heroes,” amplified by nationalist parties, the Rajapaksa family, and the sons of Wijeweera. Conversely, when maximum punishments were imposed on those convicted of human rights violations, trust—particularly among the Tamil population—was undermined by subsequent presidential pardons and early releases.
Leaders of the National People’s Power have spoken of pursuing an amnesty process that would reveal the truth about human rights violations and related crimes. Victims, especially in the North and East, have rejected this notion, insisting on justice and accountability, not amnesty. Amnesty, if ever considered, should come from the aggrieved—not be imposed from above.
In this context, it remains a significant challenge for the government to earn the confidence of victims in a domestic mechanism. Only time will tell whether this gap can be bridged.