Photo courtesy of Kumanan

An event on enforced disappearances, The Shriek of Silence, organized by the Adayaalam Centre for Policy Research explored the collective responsibility of society in seeking justice for the grave human rights violations committed against our people.

Violence against the Tamil people has been ongoing, often with government support, since Sri Lanka gained independence. The losses suffered during the full scale war, particularly in the final phase of 2008-2009, were especially severe. Multiple investigations have shown that a range of crimes under the Rome Statute were committed during the ethnic conflict. An independent investigation by the Office of the United Nations High Commissioner for Human Rights confirmed these findings. While all these crimes are serious, enforced disappearance is distinct from the others.

Among the crimes committed during the 26-year war, all except enforced disappearance have been concluded. Enforced disappearance is considered a continuing criminal offence because the crime is only complete when the disappeared person is found, their body is recovered or, if the body is never found, a legal presumption of death is established. This ongoing nature makes enforced disappearance unique and critical in terms of accountability.

The struggles of relatives of the disappeared are an essential tool for keeping the demand for justice alive. Unfortunately, both the Sri Lankan government and governments in other countries where enforced disappearances are alleged have been reluctant to investigate.

At the 2025 International Day of the Enforced Disappeared, the Office on Missing Persons (OMP) reported that as of August 2025, 16,966 complaints had been received. These include disappearances from independence until 2025 covering both the war and other violent incidents. While numbers vary in different reports, there is a clear lack of trust in domestic mechanisms among the Tamil people. As a result, relatives of the forcibly disappeared have been fighting tirelessly. Last month, their struggle entered its 10th year, and sadly some of those who led it have already passed away.

This ongoing struggle highlights the importance of events like the one organized by the Adayaalam Centre for Policy Research, which underscored the vital role of collective social responsibility and solidarity in sustaining the pursuit of justice. While countless individuals and the Tamil nation as a whole have suffered, it is only the affected families who continue to fight, and they are exhausted. Many relatives of the forcibly disappeared have passed away, often leaving no one to carry forward their struggle for justice.

A forum theatre performance by Semmugam Performing Group at the event poignantly captured the hardships of these families and posed a powerful question to the audience: Who will carry the torch forward and what is society’s role in pursuing justice for these individuals and for our community as a whole?

Many individuals and the Tamil nation have suffered immense losses, yet it is primarily the affected families who carry the burden. The majority of those forcibly disappeared are men who were often the primary breadwinners, leaving their families economically and socially vulnerable. These families continue to face multiple hardships, including financial instability, social marginalisation and psychological trauma. In many cases, they have also been subjected to intimidation and harassment by law enforcement and intelligence agencies, as well as exploitation by authorities and even within their own communities.

At one point, limited interim relief measures were provided to some families. However, this was halted in December 2019, soon after Gotabaya Rajapaksa assumed the presidency. While the support itself was modest, it was nonetheless significant in that it reflected a degree of state recognition of enforced disappearances and an acknowledgment of its responsibility to support victims in their pursuit of justice. Its discontinuation therefore marked not just the loss of financial assistance but also a setback in that recognition.

Engagement from civil society has often been inconsistent. Many who identify as social activists engage with the issue only intermittently and without fully grappling with its legal and political complexities. This has limited broader community mobilisation in support of affected families. At the same time, the demand for justice, whether individual or collective, has largely been left to politicians, who often lack the political capital to advance this struggle effectively. This is deeply concerning, as it leaves families isolated with minimal societal support and risks the struggle for justice being stalled, diluted or ultimately forgotten.