Abstract:
With the end of the war in 2009 the situation in the North and
East of Sri Lanka could be described as being in a ‘post-war transitional state
of affairs’. The manner in which this transitionary state of affairs is handled
will have an existential bearing on the future of the Tamil people in the
island of Sri Lanka. The need for a scientific rational and a results-oriented
approach to managing this transition needs no emphasis. This paper
undertakes an ambitious agenda of trying to identify and collate
international legal principles and norms that provide for directives and
guidance on post war transition and recovery. Through this exercise this
paper seeks to develop a ‘Draft Normative Framework on Post-war
Transition for Tamils in the Island of Sri Lanka’. The paper will focus on (i)
identifying the relevant international benchmarks, norms and involvement in
resolving the national question (ii) identifying the international standards on
bilateral and multilateral donor involvement in the developmental process
and in addressing the issues of the ‘daily’ and (iii) identifying the options for
transitional justice. Given that each of these subject areas are on their own
broad areas for debate and analysis, this paper, without engaging in a
descriptive analysis of the issues involved, will seek to lay out the most
relevant international legal principles that can help build the normative
framework - the aim and outcome of the paper. In this regard the paper
examines the relevance of Interim Administrative/Governmental
Arrangements with particular reference to the experience of International
Territorial Administration.
