The Constitutional Practice of Ethno-Religious Violence in Sri Lanka

Ethno-religious violence in Sri Lanka is a chronic problem, and it can be sustained even without the active support of a particular government. This understanding of violence prompts further reflection – both on the factors that drive such violence and the complex relationship between ethnicity, rel...

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Bibliographic Details
Published in:Asian journal of comparative law 2018-12, Vol.13 (2), p.359-387
Main Author: GUNATILLEKE, Gehan
Format: Article
Language:English
Subjects:
Buddhism
Christianity
Christians
Community
Constitutional law
Constitutional reform
Constitutions
Curricula
Democratization
Education
Ethics
Ethnicity
Freedom of religion
Hindus
Human rights
Identity politics
International law
Language policy
Militancy
Monks
Muslims
Non-governmental organizations
Political participation
Population
Power-sharing
Propaganda
Religion
Riots
Social networks
Tamil people
Violence
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Summary:Ethno-religious violence in Sri Lanka is a chronic problem, and it can be sustained even without the active support of a particular government. This understanding of violence prompts further reflection – both on the factors that drive such violence and the complex relationship between ethnicity, religion, and the Sri Lankan constitution. This article delves into the post-war context in Sri Lanka and examines how and why ethno-religious violence has persisted regardless of the government in power. It is presented in three sections. The first analyzes the current state of ethno-religious violence in Sri Lanka. The second offers a hypothesis on why such violence has persisted despite the democratic transition of January 2015. It argues that democratic transitions alone cannot prevent chronic ethno-religious violence due to certain factors that serve to entrench violence within the country’s constitutional practice. The final section discusses the relationship between ethno-religious relations, the nature of the Sri Lankan constitution, and the space for meaningful constitutional reform. It concludes that the Sri Lankan state – informed by Sri Lanka’s ‘political constitution’ – embodies a certain structural dispensation towards ethno-religious violence. Until this fundamental dispensation is in some way transformed, meaningful religious freedom and power sharing will remain elusive aims.
ISSN:2194-6078
1932-0205
DOI:10.1017/asjcl.2018.11