Lessons Learnt and Reconciliation Commission
The Lessons Learnt and Reconciliation Commission (LLRC) was a national commission established by the Government of Sri Lanka in 2010 to examine the events surrounding the final phase of the Sri Lankan Civil War and to promote post-war reconciliation. The Commission aimed to identify lessons from the conflict, recommend measures for long-term peace, and investigate allegations of human rights violations. It represented Sri Lanka’s internal mechanism to address concerns of accountability and transitional justice after nearly three decades of ethnic conflict between the Sri Lankan Government and the Liberation Tigers of Tamil Eelam (LTTE).
Background and Establishment
The Sri Lankan Civil War (1983–2009) arose from longstanding ethnic tensions between the majority Sinhalese and the minority Tamil populations. The conflict escalated into a protracted war involving severe humanitarian consequences, including displacement, civilian casualties, and alleged human rights abuses.
After the defeat of the LTTE in May 2009, Sri Lanka faced growing international pressure to investigate alleged violations of international humanitarian and human rights law committed during the final stages of the war. In response, President Mahinda Rajapaksa established the Lessons Learnt and Reconciliation Commission on 15 May 2010 under the Commission of Inquiry Act No. 17 of 1948.
The LLRC’s mandate was not to conduct a criminal investigation but to examine the causes of the conflict, evaluate the implementation of the Ceasefire Agreement (2002), and make recommendations for national unity and reconciliation.
Mandate and Objectives
The Commission was tasked with achieving several broad objectives aimed at fostering reconciliation and sustainable peace. Its key terms of reference included:
- Reviewing the breakdown of the Ceasefire Agreement of 2002 between the Government and the LTTE.
- Identifying lessons that could prevent the recurrence of conflict.
- Proposing measures to promote national unity, peace, and good governance.
- Examining post-war rehabilitation, resettlement, and reconstruction efforts.
- Investigating allegations of civilian casualties and violations of international law during the conflict.
- Recommending steps to strengthen democratic institutions and the rule of law.
The Commission consisted of eight members, including senior legal professionals, academics, and former diplomats, chaired by C.R. de Silva, a former Attorney General of Sri Lanka.
Methodology and Hearings
The LLRC conducted its work between 2010 and 2011 through a combination of public and private hearings, field visits, and written submissions. It received over 1,000 oral testimonies and 5,000 written submissions from individuals, civil society groups, government officials, and members of the military.
Public hearings were held across various districts, including war-affected regions such as Jaffna, Batticaloa, and Trincomalee, enabling victims and witnesses to share their experiences. The Commission also engaged with government institutions, humanitarian agencies, and local communities to gather information on post-conflict conditions.
While the hearings were described as open and participatory, international observers and human rights organisations questioned the extent to which victims of abuses felt safe to testify freely due to the prevailing political environment.
Findings of the LLRC Report
The LLRC Report was submitted to President Rajapaksa on 15 November 2011 and made public in December 2011. The report’s findings were wide-ranging, addressing both the root causes of the conflict and issues of accountability.
Key findings included:
- The LTTE was primarily responsible for the prolonged conflict due to its acts of terrorism, recruitment of child soldiers, and use of civilians as human shields.
- The Sri Lankan armed forces largely acted with professionalism during the final stages of the war, though certain instances of civilian casualties occurred.
- There was no deliberate policy of targeting civilians by government forces, but isolated violations may have taken place and required further investigation.
- Failures in governance, ethnic discrimination, and breakdowns in communication contributed to the escalation of the conflict.
- Emphasis on reconciliation, the promotion of a national identity, and the need to address minority grievances were essential for lasting peace.
Recommendations
The LLRC made over 200 recommendations, which covered governance reforms, reconciliation, and justice mechanisms. Major recommendations included:
- Accountability: Conduct credible and independent investigations into allegations of civilian deaths and disappearances.
- Rule of Law: Strengthen the independence of the judiciary and the effectiveness of law enforcement agencies.
- Devolution of Power: Implement the Thirteenth Amendment to the Constitution to provide greater autonomy to provincial councils.
- Demilitarisation: Gradual reduction of the military’s role in civil administration, particularly in the Northern and Eastern Provinces.
- Human Rights Protection: Ensure freedom of expression, media independence, and the protection of minority rights.
- Rehabilitation and Resettlement: Facilitate the reintegration of displaced persons and ex-combatants into society.
- Language and Education Policy: Promote bilingual education and national integration through cultural and linguistic inclusivity.
National and International Response
The LLRC received mixed reactions domestically and internationally. Within Sri Lanka, the government portrayed the Commission as evidence of its commitment to reconciliation and national healing. However, Tamil political groups and human rights organisations criticised it for lacking independence and judicial authority.
International response:
- The United Nations Human Rights Council (UNHRC) welcomed the LLRC’s constructive recommendations but expressed concerns that the report failed to address key allegations of war crimes and command responsibility.
- Several countries, including the United States and members of the European Union, urged Sri Lanka to implement the LLRC’s recommendations fully and transparently.
- The UN Secretary-General’s Panel of Experts (2011) and subsequent UN reports suggested that the LLRC’s mandate and methodology were insufficient to deliver genuine accountability for serious violations.
Implementation and Follow-up
In response to the LLRC’s report, the Sri Lankan government formulated a National Plan of Action (NPoA) in 2012 to implement its recommendations. Progress included initiatives for infrastructure development, rehabilitation of displaced persons, and promotion of inter-ethnic dialogue.
However, independent assessments indicated that implementation was slow and selective, with limited progress on accountability measures and political reforms. The continued presence of the military in the Northern Province and restrictions on freedom of expression hindered reconciliation efforts.
Subsequent governments reaffirmed commitment to the LLRC’s objectives, but international scrutiny persisted, leading to further UNHRC resolutions calling for independent investigations and truth-seeking mechanisms.
Significance and Legacy
The Lessons Learnt and Reconciliation Commission remains a landmark in Sri Lanka’s post-war transitional justice process. It represented an initial domestic attempt to confront the legacy of conflict and to lay a foundation for reconciliation through dialogue and reform.
Its significance lies in its emphasis on institutional reform, inclusive governance, and community-based reconciliation, even though its impact was limited by inadequate implementation. The LLRC’s framework has since influenced subsequent initiatives such as the Office on Missing Persons (OMP) and the Office for Reparations, established to address specific aspects of post-conflict justice.