Sri Lanka’s security sector is geared towards violence and offers stiff resistance to reform. Bodies set up to implement SSR have been afflicted by political interference, lack of powers and resources, and lack of seriousness about the reform process. Wide-ranging reforms of the Constitution, an active civil society, and continued external support are needed to achieve sustained SSR in Sri Lanka.
SSR in conflict-ridden cultures like Sri Lanka is challenging. SSR is not a priority for Sri Lanka’s government, for example, as focus has been on the war with the Tamil insurgents. Reforms that have taken place have been driven by political and military agendas, not by awareness of the need for SSR.
The government has used non-state armed groups as hit squads against rebels. These groups have not been absorbed into the armed forces, as the Cease Fire Agreement of 2002 dictates. Further challenges in Sri Lanka’s security sector include the following:
- The 1978 Constitution gives the judiciary independence, but courts are placed in a position subordinate to that of the executive and legislature, and take a conservative attitude in interpreting laws.
- Delays in proceeding to trial, delays in court, incapacity of the lower courts in handling complex cases, prison overcrowding and human rights abuses in prisons are all secondary problems of the judiciary.
- The Human Rights Commission’s problems include a lack of human resources and a resultant backlog of work, government failure to meet funding obligations, non-compliance by public authorities, and a lack of statutory authority to enforce decisions.
- While civil society and NGOs have been active in developing demand for change, ethnic polarisation within such groups hinders unified action.
- The media is not independent. It is subject to political control, censorship, and has an ethnic (Sinhalese) bias.
SSR in Sri Lanka is complex, lengthy and politically sensitive, encountering serious problems and dilemmas. However it is essential if Sri Lanka is to meet its post-conflict security challenges. Although the present consensus on the country’s security sector is pessimistic, there are two positive factors that are potential levers of change. First, there is considerable external interest in supporting Sri Lanka in improving conditions for peace and security. Second, Sri Lanka’s democratic tradition and the institutions that underpin it mean that the chances of effecting SSR are good when the political and conflict contexts allow. To take advantage of these opportunities:
- Wide-ranging reforms of the Constitution are needed for sustained SSR in Sri Lanka. Developing a defence and security white paper would be a first step.
- Urgency must not lead to the hasty enactment of security laws. Sound analysis of implications, careful drafting, and judicial, public and parliamentary scrutiny are essential.
- Arms export interests and other defence relations must be considered within Sri Lanka’s SSR. Major donors are at present unwilling to do this but pursue their arms exports through foreign trade ministries, while SSR is pursued through foreign offices.
- Donors must overcome their reluctance to contribute to the reform of the intelligence agencies. These need to be subject to civilian control. Leaving them out of SSR will undermine constructive reform.
- Civil society organisations (CSOs) are promising partners for reform actors. However, CSO ethnic polarisation is a problem that needs to be addressed immediately.
