I. Rajan Philips: “The Report on Sri Lanka: Horrific vs Ethnic Facts and External vs Internal Hybridity,” in The Island, 19 September 2015
Two h-adjectives have come into circulation after the release of the UNHRC Report on Sri Lanka, last Wednesday, in Geneva: horrific and hybrid. There is nothing new in the facts stipulated as horrific in Geneva, but stipulating them as horrific does not bridge the ethnic gap in the agreement about those facts. What is new is the recommendation to establish a hybrid court having international jurists collaborating with their local counterparts. But can international hybridity overcome Lanka’s nationally divisive ethnicity? Would it make more sense to promote internal hybridity while privileging external hybridity? Internal hybridity must involve Sinhalese, Tamil and Muslim judges and lawyers and other officials professionally working together rather than politically fighting one another. Just as important, transitional justice must involve a more inclusive and reflective process instead of the usual adversarial court room drama. Hybrid or otherwise, an adversarial court process will invariably degenerate into a pettifogging theatre generating mutual recriminations rather than facilitating inter-ethnic reconciliation. In Sri Lanka’s litigious culture there are quite a few legal luminaries itching to argue the case for patriotism with or without a political brief. Continue reading










