A CRITICAL CONSIDERATION AS TO THE EXTENT TO WHICH THE FREE SPEECH FRAMEWORK IN SRI LANKA CAN FACILITATE THE PROCESS OF RECONCILIATION

Abstract

This thesis provides a novel approach to free speech within a reconciliation context. It addresses a gap in the academic literature in terms of how a free speech framework (its construction, improvement, and application) should be approached in practice to achieve the broad goals of reconciliation. Such discussion tends to focus on bringing a speech framework in line with international norms, whilst failing to account for the practical factors and complexities of a reconciliation process (particularly in terms of accounting for ground realities within the State, the need for specific tailoring to the context of reconciliation, and the need for a targeted approach that considers the utility of reconciliation as a concept that can shape a speech framework). This thesis argues for a functional value in conceptualising a free speech framework based on the aims of reconciliation. It presents a purposive method of using the goals of reconciliation to establish a normative basis to critique, improve, and provide solutions for these aims. The focus of this thesis is on Sri Lanka. As a post-conflict society that has faced deep divisions and instability, it serves as a useful example of how these discussions apply in practice. As the thesis focusses on Sri Lanka, much of the discussion will be country-specific; however, it may provide (particularly in terms of the concept of a purposive and functional approach to a free speech framework within a reconciliation context) a useful basis for other States facing similar issues.