Confronting the Complexity of Loss

easons that led, through massive or systematic violations, to the perpetration of
those crimes. 143
A genuine commitment to truth telling therefore entails a victim-centred approach. A
2006 United Nations study on the right to truth 144 concludes that the right implies:
Knowing the full and complete truth as to the events that transpired, their specific
circumstances, and who participated in them, including knowing the
circumstances in which the violations took place, as well as the reasons for
them. 145
The present study recorded the views of multiple participants from diverse backgrounds
on their desire both to know and tell the truth. The study presents empirical evidence of a
genuine demand amongst victims and survivors for truth telling—though such a demand
was not observed in all cases. Hence a victim-centred approach must feature the option of
truth telling, which includes telling others about one’s loss, and receiving opportunities to
hear others tell the truth about one’s loss. This necessary feature is endorsed by the
LLRC, which recognised the right to truth, particularly in its observations on missing
persons. It observed:
[T]he relatives of missing persons shall have the right to know the whereabouts
of their loved ones. They also have the right to know the truth about what
happened to such persons, and to bring the matter to closure. Reconciliation is a
process. Closure is the first difficult emotive step in that long and complex
journey irrespective of whether they are victims of conflict or victims of LTTE
terrorism. 146
The present study undertook a focus group discussion with participants based in the
Eastern Province whose spouses had disappeared during the war. It is pertinent to note
the broad consensus (amongst the eight women who participated in the discussion) with
respect to their right to know the truth about the whereabouts of their missing spouses.
This consensus further reinforces the idea that a victim-centred approach must include the
right to the truth. The LLRC also recognises in particular the rights of women to know
the truth by emphasising the fact that ‘disappearances have a direct bearing on women, as
the victims are most often their husbands, sons, fathers and brothers…who play a vital
role in a traditional household as breadwinners as well as providers of security.’ 147 The
Commission therefore explicitly recognises the rights of these women to know the
whereabouts of their family members, and to the truth. 148
143 Updated Set of principles for the protection and promotion of human rights through action to combat
impunity, 8 February 2005, E/CN.4/2005/102/Add.1.
144 UN Commission on Human Rights, Study on the Right to the Truth: Report of the Office of the United
Nations High Commissioner for Human Rights, 8 February 2006, E/CN.4/2006/91, at:
http://www.unhcr.org/refworld/docid/46822b6c2.html.
145 Ibid. at 4.
146 See the LLRC Report, at para.5.37.
147 Ibid. at para.5.117.
148 Ibid.
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