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Global Models, Victim Disconnect and Demands for International Intervention: The Dilemma of Decoloniality and Transitional Justice in Sri Lanka

Journal of Human Rights Practice, ISSN: 1757-9627, Vol: 16, Issue: 3, Page: 945-963
2024
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Article Description

This article uses Sri Lanka as a case study to impel engagement of decoloniality with transitional justice. It identifies gaps in the literature critical of transitional justice, specifically structural interpretations of power hierarchies, state-centrism and disregard of ethnicity and religion. It thereby uses a decolonial analytical lens on empirical findings from Sri Lanka’s failed transitional justice process to identify and understand continuing colonial power structures, including epistemic coloniality. The empirical findings offer three new insights. First, an ideational, structural and procedural disconnection between victims and the global transitional justice model is noted. The article traces how victim positioning and this disconnection were disregarded in favour of an internationally authoritative, credible and universal model of transitional justice. Second, the ethno-religious challenges to transitional justice, which include its reliance on the state as a neutral provider of justice, are highlighted. The third finding, however, on victim demands for greater international involvement, presents a dilemma to future decolonial consideration of transitional justice. Despite only using decoloniality as an analytical tool, the article nevertheless demonstrates the need for deeper reform, including at the epistemic level, for transformation to occur within the field.

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